COS from H4 to H1 or fresh H1

[rubies]

Hi,

I am getting a H4 this month based on my husband's H1 status. Come April 2011, my employer will file a COS from H4 to H1 which if approved will be effective from Oct 1, 2011. My question if travel to India in between say june or July 2011, will it affect my H1 approval. Should I apply for fresh H1 in which case I should defionitely travel to India to get H1 stamping. The problem is I will not know in April if I have to travel to India before October. Pls advise.

[kabkaba]

It is advised that you don't travel between Apr 1 and Oct 1.
In case you have to travel plan such that you will get the H1 Visa and return not before Sep 23 or so.
This is assuming your H1 petition is approved.

[rubies]

Thank you for the reply. Following is what I have decided. I will get H4 visa and travel to US as dependent at the end of this month. My company will file a fresh H1 in April for me. I will come back after 3 months and work in the offshore company until end of september. Get H1 visa after H1 petition is approved and then travel back to US and start working from Oct 1. I have the following questions.

1. For H4 stamping, I have marriage certificate issued in the US where I got married. Is this an issue if I go to the consulate for H4 interview in India (I am an Indian citizen holding Indian passport)? I am going for the interview along with my husband who is getting H1 stamping.

2. If my H1 petition is approved before september 2011, can I go for H1 stamping and travel to US before Oct 1...of course I can start working only from Oct 1, 2011. I want to join my husband to celebrate my son's 1st birthday.

[kabkaba]

Your plan seems fine.
US Marriage Certi is good enough.
You can travel approx. 10 days before Oct 1.

[rubies]

Thank you.
When should i go for visa stamping after my H1 petition is approved? Can I go in the month of September 2011 or before? Nowadays the consulate puts cases on admin processing and it takes a long time to get the visa stamped. I want to allow enough time for the visa stamping process.

If my employer applies for H1 in April 2011 what is the duration within which the petition will be approved?

[shervin143]

When should i go for visa stamping after my H1 petition is approved? Can I go in the month of September 2011 or before? Nowadays the consulate puts cases on admin processing and it takes a long time to get the visa stamped. I want to allow enough time for the visa stamping process.
>>> You can go for anytime after the petition gets approved. You just can't travel to U,s after sept 21st since the H1B will be effective only from Oct 1st.

If my employer applies for H1 in April 2011 what is the duration within which the petition will be approved?
>>> Anytime before Oct 1st. usually 2-3 months from the date of filing (If applied in normal process).

[rubies]

I have a little confusion...kindly clarify....If my H1 petition is approved in 3 months, say sometime in July or Aug 2011. I can go for visa stamping anytime in Aug 2011 or after and get H1 visa here in India...but have to travel to US before Sep 21st or after Oct 1st. Is that right? I have to be in US atleast 1 or 2 days before Oct 1...Please suggest...thank you

When should i go for visa stamping after my H1 petition is approved? Can I go in the month of September 2011 or before? Nowadays the consulate puts cases on admin processing and it takes a long time to get the visa stamped. I want to allow enough time for the visa stamping process.
>>> You can go for anytime after the petition gets approved. You just can't travel to U,s after sept 21st since the H1B will be effective only from Oct 1st.

If my employer applies for H1 in April 2011 what is the duration within which the petition will be approved?
>>> Anytime before Oct 1st. usually 2-3 months from the date of filing (If applied in normal process).

[shervin143]

You can travel to U.S after September 20th. You can travel 10 days prior to the H1B effective date (Which is Oct 1st in your case).

I have a little confusion...kindly clarify....If my H1 petition is approved in 3 months, say sometime in July or Aug 2011. I can go for visa stamping anytime in Aug 2011 or after and get H1 visa here in India...but have to travel to US before Sep 21st or after Oct 1st. Is that right? I have to be in US atleast 1 or 2 days before Oct 1...Please suggest...thank you