H1 to H4 to H1. Currently in India. First time travel to US and processing time, fare.

[maneendrab]

Hi, My wife is currently in India. she got her H1B stamping(2012 quota) done this month with lca for cleveland. We both are working for same organisation. I too have h1b  and am in cleveland only. My company is curently not able to position her for any project now. They have a position for her starting  Oct 01 2013. So I am looking to get her to cleveland on H4 visa.

1. Please let me know the processing time and documents required  for H4 to H1 COS. 2. By when should our company apply for H1 again to get it approved near to 1st Oct.

3. Can she change employer and they process H1 for her if my current employer don't stick to their words? Will it be ok since she will not have any pay stubs generated in US by then.We can provide India pay stubs from current employer only.

4. Will she have to go out of country to get h1 stamp after h1b cos approval.

5. Will H1 COS conversion fare to my current employer be less?

[pontevecchio]

1. What does the company want?  She can come in H4 status now and leave at the appropriate time and come back on the basis of her existing H1 visa.

 

2. The fact that she has been cap counted remains a fact. If you have such a low opinion of your employer maybe have her get a new sponsor and maybe you too?

 

3. You are saying COS, not the company. Have her talk to them, first.

 

4. Why would she bother? If they agree they will and have to pay.

[maneendrab]

Thanks very much for the reply.

1. So my company can take an appointment for H4 nnow. Counselor will not cancel her H1b if we explain that she would travel on h1 in October and need H4 only for short term. If H1 is cacelled. Then she will have to go for H1B stamping aagan in October.

2. My employer is willing to give three month india leave to her. Payslip will be generated in India

[pontevecchio]

H1petitions are not cancelled because one gets a H4 visa.

[downbutstanding]

Hi,

 

1. Please let me know the processing time and documents required  for H4 to H1 COS.

normal processing 3-6 months

premium 15 business day

 

2. By when should our company apply for h1 again to get it approved near to 1st Oct.

premium by 15th sep

3. Can she change employer and they process H1 for her if my current employer don't stick to their words? Will it be ok since she will not have any pay stubs generated in US by then.We can provide India pay stubs from current employer only.

 

Can you elaborate this point. Not sure I understand. 

4. Will she have to go out of country to get h1 stamp after h1b cos approval.

Depends. If Adjustment of status is filed at the time of h4 to h1 filing then not. If consular processing is used then she needs to leave on h4, get h1 stamped in home country and re-enter on h1.

5. Will H1 COS conversion fare to my current employer be less?

I am assuming fare to be filing fee. Which will be as mentioned on the uscis  website.

 

Practical Advice:

If she has an approved h1 with october start, let her stay in india for 3 months. This will avoid unnecessary hassle of fling h1 again. Which again becomes 50/50 chance.

Secondly her employer will not be ready to refile her h1 because of the filing fees. And believe me finding an H1 employer on H4 is no joke.

 

If you are pretty confident her employer will not stick to its word, then bring her on h4 asap. She can try from here. If lucky she will find h1 employer who can file under cap of 2012. H4 to H1 does not require pay stubs.

 

 

Not legal advice