stamping for H1

[neha1312]

Hi All,
I got my H1 visa in October 2009. I was on H4 before that so didnt go for stamping. After October 2009, I have been working till now, but just got laid off, lost my job.
I am thinking to go to India for stamping immediately as I have all the paystubs till now. What are the risks that I have? Is it a good idea?

Please help!!

~Neha

[kabkaba]

Don't do this. When you apply for a Visa showing petition from an employer which may have been revoked, it may be considered as wilful misrepresentation and can have very serious consequences. If your spouse is still in H1 status, immediately apply for change of status to H4. Even if you get that H1 Visa you will not be able to use it without an active petition and a current job.
If another employer wishes to hire you at any point of time in the future, they can file a cap-exempt petition since you have once been cap counted, until you finish 6 years in H1 status.

[neha1312]

stamping for H1B

Hi,
In my petition that was filed by my employer, he showed inhouse project. and also any of my paystubs dont show any name of the client that I worked for.
So my plan was that I can go for stamping as I have all the valid paystubs for 8 months, get stamped, as it will help me in my GC process that is currently labor approved, and then come back and find a job. This way I dont have an invalid status in US also, and get my stamping done.

So if you think again, I am preventing my invalid status in US by going out of US and getting stamping at the same time.
What do you think?

Thanks
~Neha

[shervin143]

What you are trying to do is illegal. Search and read about 221g posts in immihelp. When you go for stamping, you will be aked for client letter (if you work for a consultancy company). More questions will be asked if you use the term "In-House" project. If they check with your employer and if they come to know that you are appearing for the interview without their knowledge and that you are no longer employed with them, you will be in very big trouble. They can even ban you for life from entering U.S.

[neha1312]

stamping for H1B

No Shervin, I will be going with my employers permission only. So if they check, my employer would know that I have gone for visa stamping.
Also, they will provide me the letter that will state that I am on an inhouse project with them.

~Neha

[neha1312]

stamping for H1B

So, it will be like I am on vacation from my employer and visiting India.

What do you think?

[neha1312]

stamping for H1B

Hi,

I think I didnt make it very clear when I said I lost my job. What I meant is that the project at client side that I was working in got offshored, and my contract got ended.

I am still associated with my employer/consultancy. They are marketing my profile to get me a job again.

So there is no question of going to India without their permission.

Please ask me if you have some other doubts on the scenario that I am in.

~Neha

[kabkaba]

You can try your luck if you want. Are you going to wait until you get a project to return to the US? Because you will not get paid after returning as well and Visa will be of no use to you in that case.
Inhouse projects don't fly with any Visa officers, they know it is another word for bench. Does your company really have any business of seling products that they produce inhouse?
Your best bet is change status to H4 and return to H1 whenever you find a project.

[neha1312]

stamping for H1

Yes Shervin,
My employer does have 1 project going on that they reference in their company website too.

But I cant change my word for inhouse project in any case as my petition is filed for that. So does that mean I can never go for stamping as my petiiton was filed for inhouse project?

And of course I will search for projects fom India also. and in worst case if I dont get it then I will search after coming to US also. and also change to H4 if need be.

So when should I think about getting stamped as if I dont then my GC will get into trouble thats labor approved currently

Regards
Neha

[kabkaba]

GC has nothing to do with Visa. You apply for the Visa whenever you leave the US and want to return.

[neha1312]

stamping for H1B

Hi,

But my main question was whether I should go ahead for stamping, and if not, then does that mean that I can never go for it.

When is the best time to think about going for stamping? Is it when I just came out of project? or is it when I am still at project

~Neha

[shervin143]

The best time is whenever you can produce all the required documents for stamping. These days, the minute they come to know that you are from a Consultancy company, they ask for the client letter. If it is a real in-hourse project, then get a detail document related to the in-house project that your company is developing, a letter stating your roles and responsibilties, the targetted audience of the product etc. It is not advisable to go without these details as you may end-up getting a 221g.

Like mentioned in the previous reply, your best bet is to apply for H4 and do a COS to H1B whenever your employer finds you a project. Visa is just an entry document. You can work in U.S without a valid H1B visa. As long as the COS to H1B gets approved, you start working.

Hi,

But my main question was whether I should go ahead for stamping, and if not, then does that mean that I can never go for it.

When is the best time to think about going for stamping? Is it when I just came out of project? or is it when I am still at project

~Neha