H1 Stamping Problems-Please guide me

[satya576]

Hi,

 

Actually I planned to go for the visa stamping to vancouver in mid of december but my project was ended in the first week of december itself. I have the client letter till februry but my employer is telling not to go for the stamping since my job is over. Whats my problem here is I have to go to india for attending my marriage in febraury. So Please suggest me some ideas. If I get a job in this december is the filling of LCA and amendment am i having sufficient amount of time to do all this process or whats the other step I have to make if i didnt get the job in december or do you suggest me to convert again to F1 and come back??? Please help me out.

 

Thanks in advance guys.

[jairichi]

Hi,

 

Actually I planned to go for the visa stamping to vancouver in mid of december but my project was ended in the first week of december itself. I have the client letter till februry but my employer is telling not to go for the stamping since my job is over. Whats my problem here is I have to go to india for attending my marriage in febraury. So Please suggest me some ideas. If I get a job in this december is the filling of LCA and amendment am i having sufficient amount of time to do all this process or whats the other step I have to make if i didnt get the job in december or do you suggest me to convert again to F1 and come back??? Please help me out.

 

Thanks in advance guys.

If you will not be working for current employer after this weekend and no H1B petition will be filed by prospective employer you will be out of status. Apply for a COS to B2. This will give you some time to find a new employer. Ask new employer to file a cap exempt H1B petition in premium processing and after approval withdraw your B2 application.

[t75]

Get stamping in India when you are there for wedding.

[satya576]

Atually i am with the same employer. I am in client- vendor-employer system. My pay checks will be run by my employer till i get a new client. Since this is the end of the year the markey was slow and i am getting less client calls. So i am worried if I even get job in the month of January do I have time to apply for LCA and H-1 amendment and go for the stamping.

I have to be in india in the month of february so thats was the main problem.

 

Do I need H-1 amendment if i change my client for the H-1 Visa stamping??

[jairichi]

Atually i am with the same employer. I am in client- vendor-employer system. My pay checks will be run by my employer till i get a new client. Since this is the end of the year the markey was slow and i am getting less client calls. So i am worried if I even get job in the month of January do I have time to apply for LCA and H-1 amendment and go for the stamping.

I have to be in india in the month of february so thats was the main problem.

 

Do I need H-1 amendment if i change my client for the H-1 Visa stamping??

If you change client your employer has to file H1B amendment and get approval to get your H1B stamped in your home country.

[satya576]

Thank you for your quick response. Could you please tell me how long it would take to get the LCA and H1 amendment approval???

If I get a project in January. Shall I travel to my home country without LCA and H1 amendment being approved???

If I can travel then will i get the approval by the end of february so that I can attend the visa in my home country???

or

Is that better to again apply for the masters while going to india and if anything wrong happens then get back here by f-1 visa???

(I did my masters in electrical engineer so I again can do masters in computer science since I am doing job in IT as a developer)

[jairichi]

Thank you for your quick response. Could you please tell me how long it would take to get the LCA and H1 amendment approval???

If I get a project in January. Shall I travel to my home country without LCA and H1 amendment being approved???

If I can travel then will i get the approval by the end of february so that I can attend the visa in my home country???

or

Is that better to again apply for the masters while going to india and if anything wrong happens then get back here by f-1 visa???

(I did my masters in electrical engineer so I again can do masters in computer science since I am doing job in IT as a developer)

Regular processing takes 3 plus months for approval. Ask your employer to file in premium processing as it takes 15 calendar days to get approval. Forget about your plans on joining master's program to sneak in. That is against immigration laws.

[satya576]

Thank you for the reply.

One last question: If anything happened shall I come by applying dependent visa. But my fiance was in Stem OPT extension. So Will they allow me to come as a dependent and search for the jobs here and again use the same h-1 number or something like that. Actually sorry to bother you. I am collecting all the possible situations. thats about it.

[jairichi]

Thank you for the reply.

One last question: If anything happened shall I come by applying dependent visa. But my fiance was in Stem OPT extension. So Will they allow me to come as a dependent and search for the jobs here and again use the same h-1 number or something like that. Actually sorry to bother you. I am collecting all the possible situations. thats about it.

Yes, you could. But, it is very tough to convince VO if you plan to apply for a different visa when your H1B visa application is denied.

[satya576]

Thanks for the replies. Just heard about one more thing. Does I need to go for H1-B amendment if I get a new job assignment in the same county of previous client.Thanks in advance.

[satya576]

One more quick question, If I didn't apply for amendment and go back to India then can I plan to come back on dependent visa. Sorry for multiple posts.

[satya576]

Please answer this:

1)If I apply for the amendment and since I have to go to india by february 3rd. Should I wait for the amendment whether it is approved or not or can I visit india and after i got an answer for my h1-amendment, i can go for stamping and come back to usa?

2) If I didnt apply for the amendment and go to india and Can I change my status to H4 and get stamped??

3) Since I am changing my client, I need to go for H1-B amendment. if I get a new job assignment in the same county of previous client.Do I have to apply for the H1 amaendment.

 

Thank you for your reply in advance

[jairichi]

Thanks for the replies. Just heard about one more thing. Does I need to go for H1-B amendment if I get a new job assignment in the same county of previous client.Thanks in advance.

If the position is different then yes.

 

One more quick question, If I didn't apply for amendment and go back to India then can I plan to come back on dependent visa. Sorry for multiple posts.

Yes, you can if your spouse is on proper status.

 

Please answer this:

1)If I apply for the amendment and since I have to go to india by february 3rd. Should I wait for the amendment whether it is approved or not or can I visit india and after i got an answer for my h1-amendment, i can go for stamping and come back to usa?

2) If I didnt apply for the amendment and go to india and Can I change my status to H4 and get stamped??

3) Since I am changing my client, I need to go for H1-B amendment. if I get a new job assignment in the same county of previous client.Do I have to apply for the H1 amaendment.

 

Thank you for your reply in advance

1. Yes, once your amendment is approved you can go for stamping.

2. Yes, provided your spouse is on H4.

3. If the position is same there is no need for amendment.

 

Best option for you would be get your H1B petition amended (if needed) and apply for a H1B visa. If denied you could apply for a H4 visa if your spouse is on H1B. If you enter on H4 then employer has to file a COS from H4 to H1B and only on approval you can work.

[satya576]

Thank you for the reply jairichi. It was a big help to get answers to my questions. My fiance was in F-1 OPT STEM Extension. This april he is going to apply for H1. So shall i come back to USA if the h-1 was denied on H4 or F4?

Whats you suggestion whether to come as a dependent to him on his F-1 status or shall i come back when he is in H1 status

[jairichi]

Thank you for the reply jairichi. It was a big help to get answers to my questions. My fiance was in F-1 OPT STEM Extension. This april he is going to apply for H1. So shall i come back to USA if the h-1 was denied on H4 or F4?

Whats you suggestion whether to come as a dependent to him on his F-1 status or shall i come back when he is in H1 status

If your H1B is denied you can enter with a H4 or F2. When does his OPT STEM extension expire? If he has good amount of OPT STEM extension left you can apply for a F2. But, a better solution is to apply for H4 once his H1B gets approved as the documents needed for a H4 visa is basically a copy of his I797 approval notice, marriage certificate, marriage photos and a copy of his H1B related documents. The only draw back is you can join him on H4 only after he moves to H1B status i.e 1st oct 2014.

[satya576]

Thank you jai. I just got a job but the joining data was 20th. So i filled the LCA today itself. Hoping for the best. After the LCA I will apply for the Hi amendment but since the february date was approaching, can I apply for the H1 amendment and go to india without waiting for the decision right???

As we discussed above you said after H1 Amendment was approved I have to go for stamping??

Thank you very much for your valuable time. Appreciate your help.

[jairichi]

Thank you jai. I just got a job but the joining data was 20th. So i filled the LCA today itself. Hoping for the best. After the LCA I will apply for the Hi amendment but since the february date was approaching, can I apply for the H1 amendment and go to india without waiting for the decision right???

As we discussed above you said after H1 Amendment was approved I have to go for stamping??

Thank you very much for your valuable time. Appreciate your help.

When you say you got a new job, does it mean with same employer but new client? If yes, LCA and H1B has to be amended. Also, I believe you were paid by employer till date. If not, your amendment might get approved with consular processing i.e. you would need to exit and enter US with a valid H1B visa and new I797.

[satya576]

yes jai, I am with the same employer and he ran my pay check previous month also so i dont have any drawback regarding that. They just filled the LCA and i think it take a week for the LCA and after that they said they will proceed with the H1 amendment in premium process. But my question is... You know that i have to go to india at the first week of febraury. So if I didnt get any reply for the H1 amendment also can i travel to india at the time of H1 amendment process for a week or two weeks??

[satya576]

Hi Jai,

 

 

Thanks for your response. I'm getting paid from my employer every month properly.  So can I go to India during my H1B processing and then go for stamping in India once its gets approval.

[jairichi]

yes jai, I am with the same employer and he ran my pay check previous month also so i dont have any drawback regarding that. They just filled the LCA and i think it take a week for the LCA and after that they said they will proceed with the H1 amendment in premium process. But my question is... You know that i have to go to india at the first week of febraury. So if I didnt get any reply for the H1 amendment also can i travel to india at the time of H1 amendment process for a week or two weeks??

 

 

Hi Jai,

 

 

Thanks for your response. I'm getting paid from my employer every month properly.  So can I go to India during my H1B processing and then go for stamping in India once its gets approval.

Good that your employer is paying you to keep you on H1B status. Yes, you can travel to India when the amendment is in progress. Once approved you can apply for a H1B visa at US consulate in India with your new approved I797.