Got H1approval for 2013, planning to go India in August

USA H1B Visa
1

Here are details:

	Visa List:

	 

	1) I have a H1 Approval this year

	2) I am Staying in USA on H4 approval which is valid till 30th september 2015.(Previous H4 Stamping was valid until 30th September 2012 only)

	3) I have Canada visiting visa  ( Can be used for H1 or H4 stamping)

	4) My Husband have H1 Approval valid until 30th September 2015(He is planning to go Canada for stamping in August 1st week)

	 

	Note:My Husband applied H1 extension in August last year. so we got H1/H4 approvals valid until 30th September 2015.

	 

	 

	Plan:

	 

	To Visit Home country (India) in August and come back to USA in september.

	 

	We are thinking below Options:

	 

	1) H4 Stamping:

	a) Go to India directly in August

	b) Attend H4 Stamping in August/September in India

	c) Return back to USA in September on H4 Stamping

	d) Apply for change of status in October

	 

	2) H1/H4 Stamping

	a) Go to Canada in August 1st week

	b) Attend H1 stamping in Canada

	c) If Approved, No Issues --> Good, will go to india and can come to USA on H1 stamping in October from India

	d) If Denied, Go to India from Canada in August

	e) Attend H4 Stamping in India In August/September

	f) Return back to USA in September on H4 stamping

	g) Apply for change of status in October

	 

	Here I Have question in option 2: 

	If i attend H1 stamping in Canada and if it denied, 

	Is my H1 approval is valid and eligible for change of status after i return back to USA on H4?

	 

	Please suggest Best Option or do we have any other best options from your point of view.
2

If you are planning to go to India, why get H4 stamp? Why can’t you directly get H1 stamping from India?

3

Heard that people are facing some issues in India with the H1 Stampings,I dont want to take a risk so applied for Canada visitor visa,Also this is my first time H1 stamping, will not have any payslips etc…so planning for a H4 stamping

4

If you haven’t done Masters in US and this is your first H-1 stamping, then it is not recommended to go to CA. Your husband can still go to CA for his H-1 stamping as he already has his H-1 stamped.

Option #1 sounds better. Also, if H-1 was approved w/ COS, then you don’t need to file separate COS after returning to US prior to Oct 1 on H-4. You should still check w/ your attorney as to how it will work now that I-94 system has been automated.

If H-1 stamping is denied, it will not impact your already approved petition. The consulate will issue 221g for administrative processing, and the petition will remain valid meanwhile.

5

Thank you Saurabh for your reply

6

Hi Saurabh,

           I have got a approval w/COS, Now that Its safe for me to travel and comeback to USA before October, May i know how would this Automated system of I-94 will effect me please? I Could not contact my attorney for some reasons so Please please help me!!! I Really appreciate your help.
7

Your COS has a start date of Oct 1. So when you return to US, you get another I-94 which will have start date same as your return date. This way, you remain on H-4 until Oct 1 on return I-94, and then move to H-1 from the approved COS I-94.

With the automated system, no I-94 is issued. So I don’t know how all this will be handled, but the end result should be the same. You should check w/ your attorney about this as this system has just been introduced.

8

Thank you so much Saurabh

9

Hi Saurabh,

         Can you please email me your contact number to my personal mailid please? I want to discuss on few things.

email id: prao27656@gmail.com

10

Actually, I prefer to keep all communication in the blog. Do you have something that cannot be asked in the blog?