H1B under RFE & Travel Plans to India

[eskinos]

Hi There,

My wife is currently in an H4 visa. A consultancy company applied for her H1B visa and it is currently under RFE.

 

My wife needs to travel to India in December for personal reasons and return in January. She can also leave earlier if it makes it easier for the visa. Her employer is flexible. 

 

Can you please help with the following questions:

 

1. Does she have to go for an H1B stamping in India ? 

2. Is there any option to return on her current H4 stamping and start her employment later in January once she is back? Her current H4 is stamped till 2015.

3. If she does not get on a client project, will she have issues at the embassy? What are some suggestions to avoid this?

 

Thanks again for your help in advance. Please add any details that would help her case.

 

[jairichi]

1. If H1B petition is approved during her travel and she wants to start working after her return she needs a valid H1B visa and I797.

2. Only if her COS to H1B is approved before her travel she can come back on H4 and start working without the need for H1B stamping. In this case she has 60 days to report to employer for work from the day of H1B approval.

3. Yes. Go for H1B visa interview only if you have a job and all necessary documents.

[pontevecchio]

If the H1 petition is approved while she is away she will need to get a H1 visa to come back and join. If the H1 visa is denied she can return on the H4 visa. Make sure the employer is kosher.

[eskinos]

Can she leave the country now and apply for a new COS when she enters US back in January? This way she can enter with her H4. Assuming her H1 will be approved and won't start until we get the new COS approved in January.

Thanks again for your help in advance. Please add any details that would help

[jairichi]

Can she leave the country now and apply for a new COS when she enters US back in January? This way she can enter with her H4. Assuming her H1 will be approved and won't start until we get the new COS approved in January.

Thanks again for your help in advance. Please add any details that would help

Yes. But, COS to H1B has to be done by employer and employer has to pay H1B fee again.

[eskinos]

Thanks for your response. Yes employer is willing to do the filing.

 

Is that the $300 COS filing fee or is there additional USCIS fee? Also, I am assuming that she can start working once the COS is approved.

[jairichi]

Thanks for your response. Yes employer is willing to do the filing.

 

Is that the $300 COS filing fee or is there additional USCIS fee? Also, I am assuming that she can start working once the COS is approved.

Fee is irrelevant for you. Yes, she can start working once COS is approved.