H1B Visa stamping - Visa by Consultancy while being in US on H4 - No Job yet

USA L1, L2 Visa
1

Hi All,

Need help here in below case -

  • Came to USA on H4 Visa valid till Sept-2016 - Stamped
  • April-2015, we filed H1B through a Desi company (got offer letter too from them)
  • Picked up in lottery - got RFE - Responded to RFE
  • now case is upgraded to premium -so I should get decision in 10 days - that is - 15 DEC’2015
    Now -
    There is a unavoidable family function at my home in India in January 2016 which I HAVE to go and attend and while coming back I need to go for H1B visa stamp (if above was approval decision)
    Here are few clarifications -
    Most probably Desi consultancy would have file h1B visa through XYZ local company and for any project
  1. if Desi consultancy agrees and coordinates - Can we go for visa stamping in india with XYZ company under that project for which visa was filed
    a) As the visa is not approved yet - and it will be another 10 days - we will not have payslips too
    b) What are documents should I ask to consultancy to provide to support stamping
    c) has anyone been in this situation - what are possible questions at consulates
  2. Shall we go to india - not go for stamping and come back on valid H4 on passport and apply H4 to H1 COS in US
    a) will h1B be valid if we travel on h4 while we also have approved h1b visa (not stamped)
    b) is this possible to do h4 to h1 under these circumstances

I know this is lengthy article as question but length signifies my confusions and doubts.

please help. all I want to know is all options I do have.

Regards,
H4toH1

2
  1. For visa purposes, your employer is the one who is mentioned on 797 and have filed your H-1 (desi consultancy in your case). XYZ will not come into picture unless they are a client or vendor where you will be working at.

Payslips will be required only for the time after you move to H-1 status. Once your H-1 is approved w/ COS, you would need payslips from that date onwards until the time you leave US. If COS is not approved, then no payslips are required.

For visa stamping, you need documents similar to those required for initial filing.

2.If you have concerns about H-1 visa stamping, then you can return on H-4 visa stamp and file COS from H-4 to H-1. Entering US on H-4 will not invalidate your H-1.

3

Thank you so much Saurabh. I am your big time follower on this group. Great job :slight_smile:

Have few more clarifications, please can you see into it -

  1. Is it safe/advisable to go to stamping via Desi employer documents when we have not worked even for a month (apparently no payslip).

  2. Is current H1B not valid until COS is filed or it becomes effective immediately as it gets approved.

  3. Suppose my employer would have already filed COS for current H1b, is it possible to file COS again - if we come in US through H4 (and not H1B).

  4. Is it advisable to consult some attorney for all these matters.if so, could please guide to few best ones.

4

Nice to hear that the forum has been of good use to you.

  1. Stamping is always tricky through consulting companies. Do you know the outcome of other recent stampings through the same employer?

  2. As you are inside US, H-1 will become effective only if it has been approved w/ COS. Otherwise it will be considered approved but dormant.

  3. Yes, COS can be applied in future again. It’s not a one time deal.

  4. The answer is subjective. For usual questions you can refer employer’s attorney or to forums like this. For more complicated questions, its better to refer an attorney. When there is a conflict of interest b/w you and employer, the attorney will support the employer; and at that time its better to get a personal attorney. Several attorneys provide free half hour consultation and that should be put to best use :slight_smile: