I need your advice. As of now I’m on H4 visa and filed for H1 in April 2014. My H4 to H1 visa transfer still in process and pending with USCIS for decision.
I’ve to go to INDIA next week( Dec 20) and return by January end (01/31). I’ve few queries related to my Visa transfer/status. Please advice of the possible scenarios and things to be kept in mind.
Can I go to India while my visa transfer in process?
What if my H1B application remain in process during my stay in INDIA, in this case I think I need to go for H4 stamping only (please suggest)
What if my H1B application gets approved during my stay in INDIA, in this case do I need to go for H4 or H1 stamping.
Assuming I get my H1 B visa approved before travelling to INDIA, in this case do I need to go for H4 or H1 stamping?
Does it ok if I go for H4 stamping even my H1B visa approved because I read Payroll must be run if we are on H1B and as of now I don’t have any Job.
Do I need to get the H1B stamped before I start work? OR I-797A would be sufficient.
Please guide.
Thanks
Usha
Before doing anything, talk to your employer
Can I go to India while my visa transfer in process? - YES
What if my H1B application remain in process during my stay in INDIA, in this case I think I need to go for H4 stamping only (please suggest) - If you do have a current visa stamp you can return on that
What if my H1B application gets approved during my stay in INDIA, in this case do I need to go for H4 or H1 stamping. - Your petition which was filed under CoS would get approved for consular processing. Your employer needs to send you the documents to India and you need to use those to appear for H1 stamping
Assuming I get my H1 B visa approved before travelling to INDIA, in this case do I need to go for H4 or H1 stamping? - H1 stamping
Does it ok if I go for H4 stamping even my H1B visa approved because I read Payroll must be run if we are on H1B and as of now I don’t have any Job. - You can go for H4 stamping. But as a consequence your H1 petition may be revoked and you need to file another H1 petition if required
Do I need to get the H1B stamped before I start work? OR I-797A would be sufficient. - I797 is sufficient