Work Visa Doubts

[abhatjj]

I came to US in June 2009 on H4.

Before I came to US my husband applied for H1b in April 2009.

My H1b petition got approved and I received I-797C USCIS without the I94 attached to it.


My employer has asked me to get my visa stamping done so that he can start searching for projects for me.

Now my questions are:

1.Should I go for stamping to India or can I apply for change of status from here?
For both the cases i have some questions as listed below.


2. My I-797C has Consulate name as Mumbai.And in fine prints on the document it is mentioned that

"The above petition has been approved and notification has been sent to the listed consulate.
If circumstances change,the petitioner can file Form I-824 to have us notify another consulate of this approval"

While coming to US in June, me and my husband had gone to Chennai consulate for our respective stampings(his H1(renewal) and mine H4)
But this is since my Husbands state of residence is Karnataka.

My state of residence is Maharashtra but i still want to go for stamping in Chennai.Is that possible or do i need to apply for I-824 ?

3.I am going to India in May for personal reasons, so will this visit to India cause any problems if i want to apply for change of status from here after this visit ?

4. What is the procedure for applying for Change of status, how much time does it take for the approval and how much is the fees?

Please respond

[shervin143]

1.Should I go for stamping to India or can I apply for change of status from here?
>>> Advisable to go for stamping. But a COS to H1B is also possible.

2. My I-797C has Consulate name as Mumbai.And in fine prints on the document it is mentioned that

"The above petition has been approved and notification has been sent to the listed consulate.
If circumstances change,the petitioner can file Form I-824 to have us notify another consulate of this approval"

While coming to US in June, me and my husband had gone to Chennai consulate for our respective stampings(his H1(renewal) and mine H4)
But this is since my Husbands state of residence is Karnataka.

My state of residence is Maharashtra but i still want to go for stamping in Chennai.Is that possible or do i need to apply for I-824 ?
>>> You need to file I-824 as mentioned in the approval notice.

3.I am going to India in May for personal reasons, so will this visit to India cause any problems if i want to apply for change of status from here after this visit ?
>>> If you are going to India, then why not get the H1B stamped there? Itis not advisable to travel once after filing the COS (until you receive the approval). Travelling outside the country when the petition is pending with USCIS might get the COS denied.

4. What is the procedure for applying for Change of status, how much time does it take for the approval and how much is the fees?
>>> You need to file form I-539. 2-3 months by normal process and 15 days by premium. Premium will take an additional $1000.

[abhatjj]

Thanks for your reply.

But my worry is i havent been assigned any project or work by my employer yet who is a consultant.He says that only i have a stamped H1 he can find projects for me.

In this case will it not be a risk to go for stamping?Coz they might ask me client documentation and all and that i dont have.

Also any idea how much time it takes to apply I-824 ,i mean the procedure.

Thanks again