H1b stamping in India

[Mumu]

Hi All,

 

Need your suggestions/comments on my situation below.

 

Currently I’m on OPT Cap gap working for a client ( during my Opt cap gap period I have joined client B, & my entire OPT period I had worked for single client A), My H1 got approved in April & will start from Oct. My employer will be filing H1 amendment as I am working with new client at new location.

 

My questions are:

1.      Is it advisable to travel to India Jan 2014 & appearing for H1 stamping in India. If ‘Yes’, what is the favorable consulate in India for H1 stamping.

2.      Can my Wife & I appear for the stamping on same day, or H4 has to appear after H1 approval.

3.      Is client letter mandatory or Vendor letter works for H1 stamping.

 

Please do suggest. I would greatly appreciate the help. Thank you all in advance.

[jairichi]

Hi All,

 

Need your suggestions/comments on my situation below.

 

Currently I’m on OPT Cap gap working for a client ( during my Opt cap gap period I have joined client B, & my entire OPT period I had worked for single client A), My H1 got approved in April & will start from Oct. My employer will be filing H1 amendment as I am working with new client at new location.

 

My questions are:

1.      Is it advisable to travel to India Jan 2014 & appearing for H1 stamping in India. If ‘Yes’, what is the favorable consulate in India for H1 stamping.

2.      Can my Wife & I appear for the stamping on same day, or H4 has to appear after H1 approval.

3.      Is client letter mandatory or Vendor letter works for H1 stamping.

 

Please do suggest. I would greatly appreciate the help. Thank you all in advance.

(1) Every consulate is same.

(2) Your wife can appear for a H4 visa with you.

(3) Yes, you need to have client letter.

[kumar_y]

Hi, 

 Is it advisable to travel to India Jan 2014 & appearing for H1 stamping in India. If ‘Yes’, what is the favorable consulate in India for H1 stamping.

You can get stamp anywhere you want :) All the consulates are same in India or Canada or any part of the world :) 

2.      Can my Wife & I appear for the stamping on same day, or H4 has to appear after H1 approval.

Yes she can, just make sure that you are crying proper documentation..

3.      Is client letter mandatory or Vendor letter works for H1 stamping

Depending what model you are .. I am thinking EVC ... yes its important to carry client letter. In the case of client not wiling to give the letter because of company policy, make sure that you are crying copy of email stating the same reason. You can easily get the vendor letter from your prime vendor.

 

Hope this helps

[Mumu]

Thank you Jairichi & kumar_y for your replies.

 

 

I'm still unclear on appearing for stamping in Jan 2014 (just after 3 months from H1b start date) is safe? or wait more time.

 

kumar_y : what is EVC & what all documents needs to be carried for H4.

 

 

Please reply. Thank you!

[jairichi]

Thank you Jairichi & kumar_y for your replies.

 

 

I'm still unclear on appearing for stamping in Jan 2014 (just after 3 months from H1b start date) is safe? or wait more time.

 

kumar_y : what is EVC & what all documents needs to be carried for H4.

 

 

Please reply. Thank you!

Nothing wrong as long as your employer and your credentials are good. 

[kumar_y]

There shouldn't be any problems just carry the latest pay stuffs and W-2 if you have any .. E- Employer, V-Vendor , C-Client

[leasonlearned]

Hello All,

 

I am on H1B since 2008 and got successfully stamped once in 2009. In 2011 I got my visa extended and recently I transfered it to a new employer. Following are my case details:

 

1st H1B started (With employer ABC) : Oct 2008

Successfully got stamped : March 2009

 

GC Labor Filed  (With employer ABC) : Jan 2010

 

H1b Extension filed  (With employer ABC) : May 2011

2nd H1b started  (With employer ABC) : Oct 2011

 

I-485 + EAD filed  (With employer ABC) : Mar 2012

EAD + AP received : Apr 2012

 

Travelled to India twice on AP and maintained H1B employment status (since came back to join the same employer ABC both times)

H1B successfully transfered to a new employer XYZ : Sep 2013

 

Now I am planning to travel in Nov'2013. I have a few questions regarding the h1B visa stamping:

 

1) How is the 221g trend these days? I am on EVC model, and have gathered all necessary documentation (including client letter), as suggested by the experts.

 

2) Lets say I get stuck on 221g or in the worst case get rejected. Can I still travel on my AP (my EAD and AP are still valid) ?

 

I know question 2 is kinda extreme, but looking at the recent trends, I just wanted to explore my options here. Avoiding travel is out of the question, since its my wedding :)

 

Any insight into this would be greatly appreciated. Thanks!!!

[kumar_y]

If you have got got EAB+AP .. why don't you use your EAD 

[leasonlearned]

Thanks kumar_y!!!

Actually I am a little confused. So here are a couple questions. Since I am no longer with the employer who filed my GC:

1) if I enter US using AP, will I still be maintaining my H1B status?

2) Maintaining H1B status is important to me because that is the only way my wife can legally remain in the country on H4.

So keeping the above 2 points in mind, are you saying I still do not need to go for stamping?

Please explain if possible. Thanks a lot!!

[leasonlearned]

If you have got got EAB+AP .. why don't you use your EAD 

Didn't use my EAD because I needed to maintain H1B Status in order to bring my wife on H4. Thats why I transferred the H1B instead. However the question is, not that my H1B is transferred, can I still come back on AP and still maintain my H1B status?

[kumar_y]

1) if I enter US using AP, will I still be maintaining my H1B status?

Once you are on EAD, you are no longer in H-1B status.
2) Maintaining H1B status is important to me because that is the only way my wife can legally remain in the country on H4.

If you have EAD than your wife will also have EAD :)

[leasonlearned]

Thanks Kumar_y for taking all the time to answer my questions. However I think I need to rephrase my question here.

1) I have not yet used my EAD for employment. I recently transferred my H1 from my previous employer to my new employer.

2) My wife does not have an EAD because last year when my date got current I was not married. So I only applied for my own i485 and EAD. Then the dates regressed.

Now I have an approved h1b (not stamped) from my new employed and I also have valid AP.

Question is, when I go to india now, do I absolutely need to have my H1b stamped? Or can I also return using AP and still be in H1 employment status.

Hope I am clear this time.

[kumar_y]

1) I have not yet used my EAD for employment. I recently transferred my H1 from my previous employer to my new employer.

You have your own reasons not  to use EAD+AP. 
2) My wife does not have an EAD because last year when my date got current I was not married. So I only applied for my own i485 and EAD. Then the dates regressed.

You can add the dependent right now because you haven't use the your combo yet. I guess you got the EAD when dates moved May 2010.


Question is, when I go to india now, do I absolutely need to have my H1b stamped? Or can I also return using AP and still be in H1 employment status.
Yes any time you go outside the US and you don't have valid stamping, you need to again go for stamping. ( To avoid this many people use EAD+AP, since your wife is not added you better have discussion with immigration / your company attorney)

[leasonlearned]

Got your point. One last question. You said I can add the dependent to my I-485 application right now.

I thought we can only add dependents to a pending I-485 application, when the dates become current again. Right???

Sonu guess I'll have to wait until my PD becomes current again. Correct me if I am wrong.

Thanks again for all the responses

[kumar_y]

Yes you are correct. You can add dependents when your PD is current :) otherwise how you will apply for I-485 :)