Is H1 stamp needed?


jd456

Recommended Posts

I am on H4 visa. My employer (software consultancy) plans to file for my new H-1B visa with a tentative start date of Feb 2012, the application petition will be filed around last week of Nov. Moreoever I will be traveling to India in December and returning around 1st week of January. During this time I will be doing H4 visa stamping at the mumbai consulate (my current H4 visa stamp has expired). I want to avoid H-1B stamping as I'll be working for consultancy that could raise many questions. So my question is - could I return in January on the stamped H4 visa and if my H-1B petition were to be approved, could I start working in on H-1B?

Link to comment

if you leave during the pendency of a COS the COS will be considered null and void and you will need a H1 visa to come back if the H1 petition is approved. Avoiding visa stamping is a two edged sword and leaves you wide open for exploitation. Look for a better sponsor. in any case the H1 is unlikely to be approved in view of your doubts. Please make sure you give him no money under any pretext.

Link to comment

Archived

This topic is now archived and is closed to further replies.