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  • H4 to H1 approved, going to India

    I am on H4 visa and it is valid till 28th Feb 2012. I got my visa approved last week and waiting for documents. I have been through some interview but my client(It's the same client my Visa was applied for) has not yet replied back. I have to go to India for a month in December. Now there are two scenario's and I don't know what should I do in them:

    a) I don't get job and I come back in US on H4 Visa and start searching for job immediately, but in that case my husband would be filing extension that time, So should he file for me too? If he files alone and till that my COS doesn't get approved than I wud be in problem. In any case if I come and apply for COS soon, than USCIS can question that why didn't I went through stamping?

    B) I get a job and SSN till October end and I start work from Nov, than I will have only a month pay stubs and I go through stamping. Will there be problem that how can I take vacation in a month, I have heard that Visa rejection rate has increased?
    Should I tell my client that I will come back and join. Can in this situation I can comeback on H4 and apply for COS ASAP?

    Thanks

  • #2
    from which attorney you have done your visa work from h4 t0 h1 and at what cost, please share.

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    • #3
      What is your current status. Are you in H4 or H1B? Are you saying that a COS from H4 to H1B was filed and you are not employed now. Your post is very unclear.

      Originally posted by Sur View Post
      I am on H4 visa and it is valid till 28th Feb 2012. I got my visa approved last week and waiting for documents. I have been through some interview but my client(It's the same client my Visa was applied for) has not yet replied back. I have to go to India for a month in December. Now there are two scenario's and I don't know what should I do in them:

      a) I don't get job and I come back in US on H4 Visa and start searching for job immediately, but in that case my husband would be filing extension that time, So should he file for me too? If he files alone and till that my COS doesn't get approved than I wud be in problem. In any case if I come and apply for COS soon, than USCIS can question that why didn't I went through stamping?

      B) I get a job and SSN till October end and I start work from Nov, than I will have only a month pay stubs and I go through stamping. Will there be problem that how can I take vacation in a month, I have heard that Visa rejection rate has increased?
      Should I tell my client that I will come back and join. Can in this situation I can comeback on H4 and apply for COS ASAP?

      Thanks
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        When you are in H1 status you always have a job. With your employer. Project or not, they must pay you according to LCA. SSN has nothing to do with this.
        This is my opinion and not legal advice.

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