H1B Visa

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Hi everyone, 

Our background: 

My husband was on H1B for 12 years. We came back to India for good in April 2018. He had I-140 approved and our priority date on EB2 is Aug 2010. Still the I-140 is valid through previous employer. 

Now in 2021, a new employer filled his H1b on the basis of approved I-140 and got it approved from Aug 2021 till Aug 2022. We are currently in India right now. Due to the Travel ban we are yet to get the stamping after Nov 8th 2021 as neither us nor the employer qualify for the NIE. USCIS mentioned in our approval notice that they have approved the H1B for a year as the applicant priority date is current based on the country of birth -India although the request was for 3 years. 

Again now, the new employer has filled his PERM - PWD in Jul 2021. For the other processes - Recruitment, Advertisement and Priority date porting, I-140 filling followed by I485, we need to be in the US. 

Our questions

1. What are the chances of getting stamping in regular processing? For the current employer, he doesnt have pay slips. His association with the new employer starts only after he is physically present in the US. They are a Product development company with wide presence in the government sector. So he doesnt need client letter. Just the employment letter is enough. Is that correct for Product development company? 

2. We wanted my husband alone to get the visa currently and then dependents get their H4 visa. Is that a correct approach? 

3. Can the employer do the next process in PERM even though we are in India after the PWD is approved? 

4. We have a 17 year old old - Non US Citizen who wants to study in the US. She is completing her International Bachelorette program in Nov 21 and applying early in Jan 2022 for Fall 2022. For now we want her to be on H4 and then when we move, we want her to switch to GC or F1. What are her chances of approval either for H4 or F1? 




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  • 2 weeks later...

Yes, you can go to stamping without paystubs, there will be multiple cases where employment is offered outside of US and when they are in the country their payroll would start, so you are safe on that end, you also need to answer your historical questions on why you left etc..etc...

Yes, your husband can alone get the visa and dependents can follow later.

For 3, please check with your attorney, as they know how to address your application while you're not present in the US.

She can be on H4 until 21 and then would have to switch to F1 if you intend to continue her education, GC depends on your employer if you qualify for EB1 then it should be relatively early and you can check for EB2 & EB3 with your employer, H4 is a safe bet, for F1 you would have to furnish supporting documents, GRE/TOEFL Scores, university admission, fees arrangements etc. And, yes, you can still enroll on schools while on H4 in US.

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