H1b visa stamping in India for the first time


I have few questions regarding H1b visa stamping in India.


My husband was working for a MNC in client side on L1 visa.One desi consultancy filed his H1b visa with COS and 

he started working for the new employer from oct 2012.Now he still on the same project with 2 layers of filter.
I am planning to apply H4-H1b with COS from Apr 2013.We are planning to go to India for his stamping in Mar 2013.


1. Will there be any issues in H1b stamping because of level of filters(looks like EVC model)? 
2. What are the chances of getting H1B rejected or delyed in Visa issue? What is the average wait time to clear 221g?
3. If we will be delayed for a while because of any issues and my employer is planning to apply h4-h1 only in COS, Will there be any issue at port-of entry as the case will be pending with USICS?

Need your expert advice on the same.What should be best way to proceed with this situation?

Appreciate your help.

  1. In case of EVC it is very important to prove Employer-Employee relationship. It needs to be proved that the Employer has a direct control on the daily tasks given to the employee and not the middle vendor or the client

  2. If the documents are accurate and in-line with USCIS guidelines then you should not worry. The wait time can be anywhere between 2-6 months depending upon the nature of the RFE, documents requested and the response time in sending those documents back.

  3. Your change of status can not be started if you are outside US. It will only be started once you are back so there won’t be any issues at the poe. But if there is considerable amount of delay(say 3-4 months after March) then the quota might be full. In that case you can apply for a new H1 and get it stamped before entering back on or before October 1

Thanks for your quick response.In case of delay, is it possible to file a new H1 and after coming back on H4, I will ask to file a COS (for pending H1) or I can come back only after getting H1 stamped (Oct 2013).


you can come back on a valid H4 and ask for H4-H1 cos. But you can only start working on or after October 1

Thanks a lot