Waiting for H1 approval but need to go back to India for sometime


qqraghuvamsi

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Hi All,

 

My wife is on H4 right now. A consultancy has filed H1 for her this year and we are still waiting for response. I am waitng for my H1 extension approval which was applied on May 3rd. As my project closed, we need to travel back to India as I cant relocate for another project while my H1 extension in progress. We can come back once my H1 extension is approved and stamped in a month or so and my wife can travel with me with H4.

 

2 questions on my wifes H1 as we dont want to take a wrong step and loose her H1.

 

1. If her H1 is approved before we come back, can she travel back on H4 and start working using her H1 by filing Change Of Status or does she need to go to stamping in India? (Technically VISA is for permission to come into country and H1 is for work permit right?) 

 

2. If her H1 is approved after we come back (she will come back on H4). Can she start working on H1 after its approved by filing Change of Status or does she still need to go for stamping?

 

3. If we have to come back only after 5 months and if her H1 is approved in the meantime, will the H1 be active from the day its approved or it will become active from the 1st day she goes to work? What is the max time allowed to start working after H1 is approved?

 

Thanks In Advance

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Hi All,

 

My wife is on H4 right now. A consultancy has filed H1 for her this year and we are still waiting for response. I am waitng for my H1 extension approval which was applied on May 3rd. As my project closed, we need to travel back to India as I cant relocate for another project while my H1 extension in progress. We can come back once my H1 extension is approved and stamped in a month or so and my wife can travel with me with H4.

 

2 questions on my wifes H1 as we dont want to take a wrong step and loose her H1.

 

1. If her H1 is approved before we come back, can she travel back on H4 and start working using her H1 by filing Change Of Status or does she need to go to stamping in India? (Technically VISA is for permission to come into country and H1 is for work permit right?) 

 

2. If her H1 is approved after we come back (she will come back on H4). Can she start working on H1 after its approved by filing Change of Status or does she still need to go for stamping?

 

3. If we have to come back only after 5 months and if her H1 is approved in the meantime, will the H1 be active from the day its approved or it will become active from the 1st day she goes to work? What is the max time allowed to start working after H1 is approved?

 

Thanks In Advance

1. If H1B is approved before your travel and if she enters on H4 later then her employer has to file a COS from H4 to H1B (pay normal H1B fees) and on approval she could work. Regular processing 2.5 months and premium processing 15 calendar days. I am sure her employer will not be interested to pay H1B fees again.

2. Some cases when you travel before H1B approval a COS gets denied. In that case your wife has to exit US, apply for a H1B visa and then re-enter.

3. From the day she goes to work or she enters on H1B visa. Anytime.

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1. If H1B is approved before your travel and if she enters on H4 later then her employer has to file a COS from H4 to H1B (pay normal H1B fees) and on approval she could work. Regular processing 2.5 months and premium processing 15 calendar days. I am sure her employer will not be interested to pay H1B fees again.

2. Some cases when you travel before H1B approval a COS gets denied. In that case your wife has to exit US, apply for a H1B visa and then re-enter.

3. From the day she goes to work or she enters on H1B visa. Anytime.

Thanks jairichi,

 

One question. For point 2 if she needs to exit US and apply for a H1B visa, will it be treated as a fresh H1B for next yr or we can use the approved H1B.

4. One last question if this H1B which belongs to consultant 1 gets approved when we are in INDIA, can we initiate a transfer of this H1 to consultant B from India ans get the stamping done?

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Thanks jairichi,

 

One question. For point 2 if she needs to exit US and apply for a H1B visa, will it be treated as a fresh H1B for next yr or we can use the approved H1B.

4. One last question if this H1B which belongs to consultant 1 gets approved when we are in INDIA, can we initiate a transfer of this H1 to consultant B from India ans get the stamping done?

It will be a cap exempt H1B and upon getting a visa she can travel to US and begin work for her employer immediately.

4. Yes, you can. Consultant B has to file a cap exempt petition and on approval with a new I797 she can apply for H1B visa at US consulate.

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Thanks a lot!! :) 

1 last question (I think :))

 

As my wife is on H4 and our VISA is expired on Aug18, can she stay back for a month to see her result of H1? Is there any grace period allowed for H4 people to stay in US. If YES, our plan is I can go back and she can stay and wait for her approval as USCIS shouold give a response atleast by end of this month.

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1 last question (I think :))

 

As my wife is on H4 and our VISA is expired on Aug18, can she stay back for a month to see her result of H1? Is there any grace period allowed for H4 people to stay in US. If YES, our plan is I can go back and she can stay and wait for her approval as USCIS shouold give a response atleast by end of this month.

What is your status now in US? Are you still working? Is your I94 valid? Is your extension petition abandoned?

A H4 dependent can not stay in US when primary applicant has left US for an extended period of time.

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What is your status now in US? Are you still working? Is your I94 valid? Is your extension petition abandoned?

A H4 dependent can not stay in US when primary applicant has left US for an extended period of time.

 

My H1 Extension is filed and is in progress. Our VISA and I94 are expired on 18th Aug. So effectively, my wife should travel along with me to India whenever I leave right? She cant stay even a couple of weeks after I leave right?

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My H1 Extension is filed and is in progress. Our VISA and I94 are expired on 18th Aug. So effectively, my wife should travel along with me to India whenever I leave right? She cant stay even a couple of weeks after I leave right?

As long as an extension petition is pending you are fine with your stay in US. But, you said the project is finished and so are you being paid? It is better for both to leave US at same time ( I am not 100% sure as your extension is in progress). Talk to a good attorney

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As long as an extension petition is pending you are fine with your stay in US. But, you said the project is finished and so are you being paid? It is better for both to leave US at same time ( I am not 100% sure as your extension is in progress). Talk to a good attorney

Thanks for the info. My project is coming to end in Oct 15.

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