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i came to US on H4 and got an Job opportunity to work on H1 from my husbands company and i applied for change of Status.
It took more than an Year to get the H4 to H1 conversion to complete. I worked for around 6 months and it is a Employer - End Client model Job and the employer - employee relationship was always in place. We came to home country to attend an emergency recently and i appeared for the Visa stamping. The officer issued a 221g requesting additional processing time. After 6 months i received the documents back from the Consulate stating that they are rejecting the visa and my petition will be sent back the DOS for review. I have no interest in appealing again for the H1 or even considering H1 again in the future due to all the issues i experienced and the time i lost. i Think for H4's its easier to be on H4 than converting to H1 and going through all the hassle. My Husband who was also issued a 221g got his Visa stamped recently and is working remotely from india.He is required at the Client place now and can no longer work remotely. Since he is leaving i want to apply for a H4 and travel along with him. What are my chances of getting a H4? anybody with a similar experience? |
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Hi..Greetings...!!
I am currently on leave from my employer in India and staying with my husband in US with H4 and have around 4 yrs of IT experience. Kindly help me in deciding the best option for filing H1: 1. Conversion of H4 to H1 visa status from US itself through a consulting company. (Processing in US) 2. Filing fresh visa from my current employer which is a reputed MNC (stamping will be done from India) I am confused as I find more risk in going back to India and then trust my employer on filing. Please suggest the best option in terms of success rate. Thanks In Advance |
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Quote:
1) Eligible to work as soon your COS is approved. 2) This is a good option to go with and you can start working once your H1b visa is stamped and enter US on H1b! Even if your H1b doesn't go through you are still eligible to come back on H4. |
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Hi,
I am currently on H4 in the US which is valid till Jun 2012. I am applying for H1 premium processing this April 2012. My spouse's H1 and my H4 extension are not yet done by my Spouse's employer. I have the following questions 1. Can I apply for H4 to H1 change of status, since my current H4 is valid only till June? or should I go for a fresh H1? which is the best way to do H1 processing in my case. 2. After H1 approval, can i apply for H4 extn, to stay in US until my H1 effective date(which will be Oct 1). Please help! |
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meetsowmya,
Ideally you should do H4 extn first, since it expires before Oct 1, which is the earliest effective date of H1. If you apply COS to H1 now, without H4 extn, it might get denied or may get approved for consular processing. I think, the options are, 1. Apply H4 extn first, after approval submit COS to H1. Here, your status change will automatically to H1 (no need to leave US) on the effective date in the H1 approval notice. OR 2. Apply as new H1 (no COS), leave US, get H1 stamping and enter again on H1 visa stamp on or after Oct 1. |
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blossomgreen,
If you have a job offer in US and employer is ready to process H1, you can do a COS from H4 to H1. But, please note that H1 won't be effective until Oct 1. The good thing about COS is, you do not need to leave US or get visa stamping to change the status to H1. |
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