H4 to H1 CoS

[path_to_usa]

 

My Wife and Myself are currently in India and have H1B Approvals with Authorization to work in USA from Oct. 1st, 2013 (for both of us). The consultant through which we had filed for H1B is now asking for my Wife to get the H1B Stamped at the US Consulate in Delhi and suggesting that once her H1 gets Stamped, I should get my H4 stamped (as her dependent) and travel to US on the H4 Visa. He will then file for H1 amendment and I will be able to start work within a week of entering US.

 

I wanted to know if this process is legal?

When going for H4 Stamping in US Consulate in Delhi, can they reject my H4 based on the fact that I have an approved H1 petition ? 

What could be the reason for not getting my H1 stamped in Delhi ?

Can the H1 Amendment be rejected ? If yes, in that case, will I be able to continue as H4 ?

If Once H1 amendment is rejected, can another H1 Amendment/Transfer be again filed so that I can start work in US (without waiting for H1 filing next year) ?

[jairichi]

 

 

My Wife and Myself are currently in India and have H1B Approvals with Authorization to work in USA from Oct. 1st, 2013 (for both of us). The consultant through which we had filed for H1B is now asking for my Wife to get the H1B Stamped at the US Consulate in Delhi and suggesting that once her H1 gets Stamped, I should get my H4 stamped (as her dependent) and travel to US on the H4 Visa. He will then file for H1 amendment and I will be able to start work within a week of entering US.

 

I wanted to know if this process is legal?

When going for H4 Stamping in US Consulate in Delhi, can they reject my H4 based on the fact that I have an approved H1 petition ? 

What could be the reason for not getting my H1 stamped in Delhi ?

Can the H1 Amendment be rejected ? If yes, in that case, will I be able to continue as H4 ?

If Once H1 amendment is rejected, can another H1 Amendment/Transfer be again filed so that I can start work in US (without waiting for H1 filing next year) ?

 

You can not shift from H4 to H1B in US in a week. It would take 2.5 months by regular processing and 15 calendar days by premium processing.

 

If your intention is to work in US then enter with a H1B visa.

 

My suggestion is to forget this employer and find a new employer.

[bhalc]

If you enter USA using H4 and tried to make switch from H4 to H1, this is like misusing your visa - kind of fraud. I am not sure but please let others comment.

[path_to_usa]

Thanks Jairichi.

 

In case I search for a different employer, what documents would I need relevant to current H1 application ? Would the Case Number / I 797 suffice for an H1 transfer ?

[jairichi]

Thanks Jairichi.

 

In case I search for a different employer, what documents would I need relevant to current H1 application ? Would the Case Number / I 797 suffice for an H1 transfer ?

It would be better if you have all relevant documents used for filing H1B petition including I797 approval notice. I797 approval notice should be good. If you do not have them you can file a FOIA with USCIS and get them.