Going India in same year of filing H1-B visa from H4

Hi, I am an IT professional and currently on H4 visa in USA since last 2 years. I tried to file for H1 last year but It couldnt happen. This year I am all set to apply for the visa but there came up my brother-in-laws wedding which I have to attend.

I am worried my visa will get stuck if I go to India in November 2013 this year(Same year after filing for H1 in Apr 2013). As I read from various forums, they would ask for pay stubs of last 3 4 months and it is very much likely that my visa will be rejected. This leaves me to choose either my H1 filing and job or my family function. I want both, Is there any way, any chance, anything I can do from my side to get done both these things?

  1. If I file for H1 and it gets approved and I go to India for 3 weeks, how likely is that I can get my visa stamped there in India and I come back here to join my job? What can I prepare from my side to get it stamped hasslefree?

  2. How do we deal with the rejection of visa at the time of interview in India? What are my options after that?

  3. I file for premium processing, and any RFE comes, how much time would it take to get resolved? In what status I will be during that period? Will I be able to go to India in that period/case in november?

  4. If I apply for H1 this year and it gets disapproved this year(at any stage), how does it affect my next year 's prospects for the same?

I was working in India and left job after marriage and have already been sitting home for 2 years, I am trying to avoid waiting for another year to file for H1. Going home is also unavoidable, please help me through answering these questions to me, so that I can make a wise decision. March is here, please take time to respond promptly.

Eagarely waiting for responses



  1. You will have to appear for visa stamping. For successful stamping, you will need payslips from Oct 1 or H-1 COS date to the time you left US. In addition, you need to show H-1 employment documents including project/client letter, SOW etc

  2. If rejected, you can return on H-4 visa. Later you can decide to file COS from H-4 to H-1 and then start working once approved.

  3. Usually 60 days

  4. It doesn’t impact the prospects unless the denial was b/c of reason related to you or submitting false documents.

Another option to consider - file H-1 w/o COS. Go to India on H-4 and then return on H-4 visa. Once here, file for COS from H-4 to H-1.

Thank you Saurabh, I really appreciate it. The option you suggested sounds interesting to me. Thanks

Thanks again Saurabh. I want to ask you…
1)How do we apply for H1B w/o COS?
2)Do I need to be out of USA while filing for H1 w/o COS?

  1. In the I-129 petition, there are multiple options to select from. One of them is change of status within US, the other one is visa to be issued abroad. You have to select the latter. The actual text for the options may be different.
  2. No, you can file w/o COS while being inside US.

Hi Saurabh,

I Got a call from my employer that my visa got approved. As suggested, we had applied without CoS. My questions are:

  1. I cannot see the status as “Approved” when i check it online. WHy can that be so?

  2. I am going to India this month and will be coming back after october. I had applied for H1 without Cos. Can I be interrogated for my H1 this time when I am entering USA?