H4 to H1B, travel to India and receipt number

[h1b_kumar]

Hi All,

 

Please guide me on this. I navigated to available threads on related issue but could get confirmed answers or may be it bounced on my head!! 

 

My Scenario:

 

I had been to US on H4 visa (in Dec 2014) and applied for H1B (H4 to H1B) while I was in USA. After applying I returned back to India due to personal emergency in Feb 2014. My application got selected in lottery and my US employer sent me the receipt number. I'm in India at present.

 

I cannot travel back to USA within Oct 1, 2014 and I discussed the same with my US employer. My employer says that I can travel anytime after Oct 1, 2014 on H4 visa and then apply for COS by paying the applicable fees.

 

Question:

 

1) As I traveled back to India after applying for H4 to H1B, will it cause any problem to my H1B petition approval?

 

2) If my H1B petition gets approved while I'm in India, can I come back on my H4 visa after Oct 1, 2014 and then apply for COS from H4 to H1?

 

3)  If my H1B petition gets approved while I'm in India, can I use the approved petition as base and find new employer in India and come to US by getting H1B stamped in India? 

 

4) In case my H1B petition gets rejected, is it possible that I can still find new employer in India and again apply for new petition?

 

Eagerly awaiting responses from the experienced members. Kindly guide and help me.

 

Regards,

Kumar

 

 

 

 

[jairichi]

Hi All,

 

Please guide me on this. I navigated to available threads on related issue but could get confirmed answers or may be it bounced on my head!! 

 

My Scenario:

 

I had been to US on H4 visa (in Dec 2014) and applied for H1B (H4 to H1B) while I was in USA. After applying I returned back to India due to personal emergency in Feb 2014. My application got selected in lottery and my US employer sent me the receipt number. I'm in India at present.

 

I cannot travel back to USA within Oct 1, 2014 and I discussed the same with my US employer. My employer says that I can travel anytime after Oct 1, 2014 on H4 visa and then apply for COS by paying the applicable fees.

 

Question:

 

1) As I traveled back to India after applying for H4 to H1B, will it cause any problem to my H1B petition approval?

 

2) If my H1B petition gets approved while I'm in India, can I come back on my H4 visa after Oct 1, 2014 and then apply for COS from H4 to H1?

 

3)  If my H1B petition gets approved while I'm in India, can I use the approved petition as base and find new employer in India and come to US by getting H1B stamped in India? 

 

4) In case my H1B petition gets rejected, is it possible that I can still find new employer in India and again apply for new petition?

 

Eagerly awaiting responses from the experienced members. Kindly guide and help me.

 

Regards,

Kumar

1. No.

2. Yes. But, COS from H4 to H1B has to be applied by employer and employer (not you) has to pay H1B fee again.

3. Yes.

4. No. A cap subject H1B petition should be filed in April 2015.

[h1b_kumar]

Thanks jairichi. 

 

Regarding the 4th point, you mean to say that I need to again go through the lottery system in the next year if my H1B petition is rejected? 

[jairichi]

Thanks jairichi. 

 

Regarding the 4th point, you mean to say that I need to again go through the lottery system in the next year if my H1B petition is rejected? 

If your cap subject H1B petition filed this year is rejected you have to go through cap subject H1B petition again.

[h1b_kumar]

If your cap subject H1B petition filed this year is rejected you have to go through cap subject H1B petition again.

Thanks. The information you provided is really helpful.. 

[h1b_kumar]

I have a situation here. 

 

At present my wife (H1B holder) is India. Should the H1B primary applicant be present in USA if I (H4) want to travel to USA? Or is it possible that I can travel to USA on H4 anytime after my H1B petition approval? 

[jairichi]

I have a situation here. 

 

At present my wife (H1B holder) is India. Should the H1B primary applicant be present in USA if I (H4) want to travel to USA? Or is it possible that I can travel to USA on H4 anytime after my H1B petition approval? 

If you want to travel on H4 visa then the H1B holder has to be in US.

[h1b_kumar]

My H1B got selected in lottery and went into RFE status. Mine is regular processing and fresh H1B. My case went into RFE on 23 June 2014. I checked with my employer and he said they are looking into it. Please let me know if there is any standard duration for the employer to respond to the RFE ? 

[jairichi]

My H1B got selected in lottery and went into RFE status. Mine is regular processing and fresh H1B. My case went into RFE on 23 June 2014. I checked with my employer and he said they are looking into it. Please let me know if there is any standard duration for the employer to respond to the RFE ? 

Yes, there is. It will be mentioned in RFE.

[h1b_kumar]

Happy to inform that my H1B visa got approved today (COS from H4 to H1B).

 

I'm still in India and my wife (H1B). She cannot travel to USA till June 2015. Please suggest what are the alternative for me to come to US and work without dependency on my wife. Or is it recommended to come on H4 along with my wife and then apply for COS from H4 to H1?

 

Regards,

Yashwanth

[jairichi]

Happy to inform that my H1B visa got approved today (COS from H4 to H1B).

 

I'm still in India and my wife (H1B). She cannot travel to USA till June 2015. Please suggest what are the alternative for me to come to US and work without dependency on my wife. Or is it recommended to come on H4 along with my wife and then apply for COS from H4 to H1?

 

Regards,

Yashwanth

Congrats and glad to know that.

If you want to travel and work you can with a valid H1B visa and I797. Since your wife is not in US you cannot enter on H4.