When to apply for H1B

[deva112]

Hi

I have a wierd situation. My OPT ends on november end. Have to apply for H1B this year. I am going to India for my marriage in May. Should i apply for H1B before going to India or after coming back in May end.

1. If i apply now and go to India, while coming back just in case H1 is approved will they ask for Stamping at port of entry ?

2. If H1 is not yet approved will it still show up on my file at port of entry ?

3. If i am going to India on F1(H1 being filed) when my wife goes for F2 visa will the Visa officials able to see my status on my file?

4. Will the Quota be there till i come back from India , so that i can apply for H1 once i land in USA.?

[Company 2]

it would be better to apply after returning from India.

But, its something you have to decide between taking a Risk on Quota Availability vs Attending Visa Interview.

Risking on the Quota would be better than risking with the Interview. If I were you I would risk on the Quota.

but, as I already told its something about which you have to take a decision. because no one can predict the Quota Availability after May, and the outcome of your interview.

[fangsz]

I have a wierd situation. My OPT ends on november end. Have to apply for H1B this year. I am going to India for my marriage in May. Should i apply for H1B before going to India or after coming back in May end.

You can apply for H-1B right away (I was in the same boat in 2009 - got married in June' 09 after not getting my H-1B for 2 years in 07 & 08 lottery...so didn't want to take any chances & I applied for H1 in first week of April..... I was on F1at that time)

1. If i apply now and go to India, while coming back just in case H1 is approved will they ask for Stamping at port of entry ?

Ans. As long as you have a valid visa you need not worry + H-1B comes into affect from 1st oct. And yes they will not ask for an H1-B stamping

2. If H1 is not yet approved will it still show up on my file at port of entry ?

Ans. Dont Worry about it, you are coming in legally into the country and will continue to pay taxes, just in case they ask say you intend to travel later on during this year to India and will get your visa stamped. (But almost positive they will not)

3. If i am going to India on F1(H1 being filed) when my wife goes for F2 visa will the Visa officials able to see my status on my file?

Ans. My wife came here on F2 status, I had received my H-1B approval by mid April.... No questions were asked to my wife.

4. Will the Quota be there till i come back from India , so that i can apply for H1 once i land in USA.?

Ans. Lol. If some1 answers this questions they will be lying to you :)

[kalyan_ac]

it would be better to apply after returning from India.

But, its something you have to decide between taking a Risk on Quota Availability vs Attending Visa Interview.

Risking on the Quota would be better than risking with the Interview. If I were you I would risk on the Quota.

but, as I already told its something about which you have to take a decision. because no one can predict the Quota Availability after May, and the outcome of your interview.

Why does interview come into the picture?

[kalyan_ac]

Hi

I have a wierd situation. My OPT ends on november end. Have to apply for H1B this year. I am going to India for my marriage in May. Should i apply for H1B before going to India or after coming back in May end.

1. If i apply now and go to India, while coming back just in case H1 is approved will they ask for Stamping at port of entry ?

2. If H1 is not yet approved will it still show up on my file at port of entry ?

3. If i am going to India on F1(H1 being filed) when my wife goes for F2 visa will the Visa officials able to see my status on my file?

4. Will the Quota be there till i come back from India , so that i can apply for H1 once i land in USA.?

No matter when you apply your h1, your h1 does not come into effect until Oct 1st or later.

It depends on how the H1b will be filed if its a Adjustment of status or Change of Status.

You can still come back on OPT.

Not sure how the dependent works in case of OPT.