H1B OR H4 Visa Stamping which is better

[pavan2009]

Hi Experts,

My wife went to India for vacation she is on H1B and needs to go for stamping. Before going to India she was on Maternity leave for 4 months and she doesnot have latest paystubs and no client project at present. So is it advisable to go for H1B stamping or H4 Visa stamping as a dependent and come to US and again start H1B petition with same employer or new employer. We are ready to go with new petition once she is back to US.But our concern is once she gets any query fro H1B visa and if it takes 3-6 months, can she immediately go for H4 Visa stamping interview? Or does she needs to wait until the H1B query gets resolved and H1B gets denied?

Thanks in advance. I appreciate quick responses.

[rahul412]

Thanks in advance. I appreciate quick responses.

It's better to go for H4.

Your wife doesn't have client letter which is mandatory for H1 stamping.

[pontevecchio]

Since she has no project and no stubs she should get a H4 visa directly and come over and eventually look for a suitable employer. You do know most of the expense of the H1 is not your remit.

[pavan2009]

First Thanks a lot for the quick responses...

I have one more concern, Suppose if my wife attends H4 stamping will there be any chance that Visa officer questions her why she is attending for H4 as she has already a valid H1B petition/h1b current status? what should we tell the officer if this type of questions arise. And dont they consider the cases like my wife's as valid case that she was on Maternity leave thats why she doesn't have a client letter? And we are planning to show the latest paystub what ever we have i.e. 4month old.

I appreciate your suggestions.

[rahul412]

First Thanks a lot for the quick responses...

I have one more concern, Suppose if my wife attends H4 stamping will there be any chance that Visa officer questions her why she is attending for H4 as she has already a valid H1B petition/h1b current status? what should we tell the officer if this type of questions arise. And dont they consider the cases like my wife's as valid case that she was on Maternity leave thats why she doesn't have a client letter? And we are planning to show the latest paystub what ever we have i.e. 4month old.

I appreciate your suggestions.

When your wife attends for H4 interview her H1 should be cancelled, which means she has to resign from the job and then go for H4.

[pontevecchio]

Let us not kid ourselves. No client project means no visa. The H4 visa is totally dependent on your job and the integrity of your credentials.

[rangadu]

Maternity leave for three months is standard and usually accepted. For anything beyond that, best course would be for her employer to cancel the H1B, and for your wife to attend interview for H4. Attending an interview without an active project is definitely not advisable.

In your case it is extremely easy to explain why she switched to H4 and VO can easily understand.

[pontevecchio]

"When your wife attends for H4 interview her H1 should be cancelled, which means she has to resign from the job and then go for H4." There is nothing called cancelling H1. She will be applying for a H4 visa and the basis is the valid H1 status of the spouse. Keep things simple. Have her apply for the h4 VISA.

[rahul412]

"When your wife attends for H4 interview her H1 should be cancelled, which means she has to resign from the job and then go for H4." There is nothing called cancelling H1. She will be applying for a H4 visa and the basis is the valid H1 status of the spouse. Keep things simple. Have her apply for the h4 VISA.

If she can enter on H4, then what's her H1 status will be??

[pontevecchio]

If she enters with the H4 visa she will be in H4 status. If she finds a new H1 employer to file a H1 petition with COS she will be in H1 status on approval. One can have a dozen different visa stamps but only one status in the USA at one time.

[pavan2009]

Thanks a lot for the suggestions.I appreciate your help.

We explained the situation and the recommendations to the Employer and they have asked the company's attorney and attorney also suggested to go for H4 Visa Stamping and once she returns back to US they will file her H1B/LCA again based on the client project.

When you say "She has to resign from the Job" does this mean her Employer should also revoke her H1B i.e. notify USCIS that she is no longer employed with the company? And how much time will it take her status to get updated in USCIS so that VO can able to see her new status by any chance. Will this have any negative impact on her new petition approval which will be filed once she is back.

Thanks

[pontevecchio]

Her H1 has NO CONNECTION to her getting a H4 visa. The only criterion for her visa is your H1 credibility.