h1-h4 after one year in India

[murthyadvice]

Hi,

I worked for 5 years on H1 and my wife was with me on H4. had to leave US last year and it's been a whole year here in India. My wife has got H1 now, do I have to find h1 sponsor because I have been on H1 earlier? or can I go as her dependent with H4 stamp? Could there be a question in H4 stamping interview like why are you not going on h1 and applying for h4? since you have been on h1 before, what is the guarantee that you wouldn't do a COS after landing there? are you using h4 as a means to just enter US and not really going as a "dependent".

Thank you.

[murthyadvice]

any replies please?

[pontevecchio]

"

My wife has got H1 now, do I have to find h1 sponsor because I have been on H1 earlier?"

Your wifes H1 has nothing to do with your H1. If you want to work find a H1 sponsor. If you want to come over in H4 status then do so

"or can I go as her dependent with H4 stamp?"

YES.

" Could there be a question in H4 stamping interview like why are you not going on h1 and applying for h4?"

Only in your fertile imagination.

"since you have been on h1 before, what is the guarantee that you wouldn't do a COS after landing there?"

Since you are allowed to come here in H4 status and then find a H1 sponsor to file a H1 petition with COS once you arrive legally, The COS is totally allowed.

"are you using h4 as a means to just enter US and not really going as a "dependent"."

Since H4 status means dependent status

Having said that any and all questions need to be answered truthfully. If she asks you whether you intend to work in H1 status at some point of time the only answer would be the truth.

[This message was edited by Admin on July 01, 2011 at 07:24 AM.]