h1b visa stamping for contractors

[nvs]

Hi all,

I am currently on student visa and got my H1b approval however I need to visit India for stamping to get approval for change of status.  The project I was working on has ended before my approval. How do I attend the interview with no active project ?

Please advise.

Thanks a lot !

[pontevecchio]

You cannot. Discuss this with your employer.

[ashukla]

On ‎2‎/‎13‎/‎2018 at 3:04 PM, nvs said:

Hi all,

I am currently on student visa and got my H1b approval however I need to visit India for stamping to get approval for change of status.  The project I was working on has ended before my approval. How do I attend the interview with no active project ?

Please advise.

Thanks a lot !

You are not required to visit India to get your change of status effective, it is already done from the day your H1B start, so if you really don't want to go to India then avoid the trip.

If you are in India already then do not appear for the visa interview till you get a new project else it will be straight rejection with some trouble consequences.

[JoeF]

On H1, you can not be a contractor. The H1 requires you to be an employee. Your employer can assign you to work at a client site, but that doesn't make you a contractor. Your employer has to control your work.

[nvs]

Can i get another project with different client, file an amendment and then go for stamping ?

 

 

[nvs]

On 2/15/2018 at 3:18 PM, ashukla said:

You are not required to visit India to get your change of status effective, it is already done from the day your H1B start, so if you really don't want to go to India then avoid the trip.

If you are in India already then do not appear for the visa interview till you get a new project else it will be straight rejection with some trouble consequences.

Thanks a lot ! .  Do I have some flexibility for finding a new project  anywhere  in US or just the locations mentioned in my LCA ?

 

[JoeF]

Your employer has to find a project for you. That may require a new LCA and/or an H1 amendment.

You need to get paid, even if you don't have a project.

[ashukla]

On ‎2‎/‎25‎/‎2018 at 4:30 PM, nvs said:

Thanks a lot ! .  Do I have some flexibility for finding a new project  anywhere  in US or just the locations mentioned in my LCA ?

 

Yes you can join a new project any where in USA, if new project is in different MSA then your employer requires to file an amendment for H1B, once it is approved you can visit India and get your stamping done.