H1-B & H-4 VISA STAMPING 1st TIME IN INDIA

[saijadk.786]

Hi good afternoon to everyone,

I came to USA on F-1 in 2007 and completed my Masters from Missouri state and came to Houston for job and got job in Oct 2008 on OPT and filed H1-B got approved in 2009 start from 1st Oct 2009 and straight continue with same employer for 3 years and renewed twice with same employer that is 2012 & 2015 renewed and now my next renewal is next year 2018. In 2010 got married here in USA and transferred my wife's F-1 to H-4 in 2010. Also in 3rd renewal of H1-B I applied I-140 from same employer and got approved than i also applied my wife EAD Card since she was already on H-4 and i had my I-140 approved. In April 2016 we blessed with our child who is only 18 months old now.

Now in this situation i never ever left USA since i came here back in 2007 on F-1 than got H1-B and never did stamping neither my wife did now we planning to go back to home country in next month of November end so need to know following queries i have :-

1) Would there be any problem doing 1st time stamping after along time almost like 9 year on H1-b & H-4?

2) Is it better to go with family - my wife kid and myself?

3) I worked straight 9 years with same employer & my wife started working last year with a new company on EAD Approved card on H-4 Status so do we need to take her & her employer information too like mine?

4) What about LCA ? is there any problem if My previous LCA 's is less than my WAGES ?

I am very confused and stress in this situation as i met couple of attorney but not getting correct answer some how one of my friend refer me this Murthy Law Firm Website and told me that it will be very helpful so please give your suggestions & advice in this matter. Help me please as i am looking for this from so long. 

Note: I have very less time as i am going India next month end due to some URGENCY so please guys help me out.

All your time, efforts, support, suggestion and advice help in this matter is really appreciated.

thank you very much,

Your faithfully,

Saijadk.786

[gopalakrishnach]

1) No. You are good.

2) If it is in India your home country going with family good. I went to Vancouver Canada with my wife and 8 months old kid. Got stuck in 221G for extra one week and I was back to USA within 2 weeks. So its up to your personal choice and guts.

3) Even though she has H4 EAD she will be attending visa interview for H4. You have to fill her DS 160 and visa appointment details using H4 receipt number not H$ EAD. If you can get letters take them. Carrying them will not hurt you and if you do not get them no worries.

4) I got 221G since my LCA amount was way less than my W2 amount. But it got cleared in 1 week at Vancouver Canada. 

Please see your inbox I mailed you my contact details. You can call me.

[ashukla]

1) Would there be any problem doing 1st time stamping after along time almost like 9 year on H1-b & H-4? No issues, there is no such thing in place which can raise a question why you never got your H1B stamping

2) Is it better to go with family - my wife kid and myself? Recommended to go with family, for any unfortunate instance it will be difficult for your family to make any alternate plan specially with a kid.

3) I worked straight 9 years with same employer & my wife started working last year with a new company on EAD Approved card on H-4 Status so do we need to take her & her employer information too like mine? You are main beneficiary of H1B status so your documents are required mostly, there is no harm to carry any documents for your wife job, good to have it.

4) What about LCA ? is there any problem if My previous LCA 's is less than my WAGES ? previous LCA doesn't matter, only the current one is essential. LCA states your minimum salary although you are allowed to make more than what is mentioned in LCA.

 

Good luck!!! will see you soon back in USA.