ilovemyself2 Posted February 3, 2014 Report Share Posted February 3, 2014 Hello, Currently I am in USA(on H1). My current staus and my wifes(h4) got expired on SEP31(2013) and My new H1 extension and Wife's H4 extension is approved untill Sep30,2016. I am working as a contractor for same client and employer from the beginning(past 2years), I have to take a mandatory break for 60 days and I retain my position on May1st. So we are Planning to go to India for 2 months. I had my first h1b stamping in canada and wife's (h4) was in Hyderabad with a client letter. 1.Am I eligible for Waiver program.? 2.Do you see any issues in my case, if I have to go for stamping in hyderabad or chennai. 3.If so, Is it going to be just one DS160 and one appointment for both of us and go to the same counter? 4.Since I am taking 60 days break, I won't get paid. Is it going to effect anyways if I don't have a job or pay checks for 2 months in future? Can some1 send me the instructions to start my process? Link to comment
jairichi Posted February 3, 2014 Report Share Posted February 3, 2014 Hello, Currently I am in USA(on H1). My current staus and my wifes(h4) got expired on SEP31(2013) and My new H1 extension and Wife's H4 extension is approved untill Sep30,2016. I am working as a contractor for same client and employer from the beginning(past 2years), I have to take a mandatory break for 60 days and I retain my position on May1st. So we are Planning to go to India for 2 months. I had my first h1b stamping in canada and wife's (h4) was in Hyderabad with a client letter. 1.Am I eligible for Waiver program.? 2.Do you see any issues in my case, if I have to go for stamping in hyderabad or chennai. 3.If so, Is it going to be just one DS160 and one appointment for both of us and go to the same counter? 4.Since I am taking 60 days break, I won't get paid. Is it going to effect anyways if I don't have a job or pay checks for 2 months in future? Can some1 send me the instructions to start my process? 1. Nope, you are not eligible for drop box as your latest H1B visa was stamped in Canada. 2. No one can predict that. If documents are good you should be fine. 3. Two DS160s and one appointment. 4. Nope, you are fine as you are no longer on H1B status once you leave US. Link to comment
rahul412 Posted February 3, 2014 Report Share Posted February 3, 2014 Just read the eligibility criteria for visa waiver program. You are not eligible for that since your current visa was not issued in India. Link to comment
ilovemyself2 Posted February 4, 2014 Author Report Share Posted February 4, 2014 1. Nope, you are not eligible for drop box as your latest H1B visa was stamped in Canada. 2. No one can predict that. If documents are good you should be fine. 3. Two DS160s and one appointment. 4. Nope, you are fine as you are no longer on H1B status once you leave US. Hey, Thanks for the reply. I appreciate it. regarding your 4th answer, "you are fine as you are no longer on H1B status once you leave US" what do you mean by that? I am on H1B and I will be on H1 until 2016. My questions is, Is it fine if I dont have a pay check or job for 2 months. Would that be an issue in future.? People say, we should have any breaks when working on H1B? Link to comment
rahul412 Posted February 4, 2014 Report Share Posted February 4, 2014 Hey, Thanks for the reply. I appreciate it. regarding your 4th answer, "you are fine as you are no longer on H1B status once you leave US" what do you mean by that? I am on H1B and I will be on H1 until 2016. My questions is, Is it fine if I dont have a pay check or job for 2 months. Would that be an issue in future.? People say, we should have any breaks when working on H1B? Once you are out of US, you will be no longer on H1. So that's not a big deal. Link to comment
jairichi Posted February 4, 2014 Report Share Posted February 4, 2014 Hey, Thanks for the reply. I appreciate it. regarding your 4th answer, "you are fine as you are no longer on H1B status once you leave US" what do you mean by that? I am on H1B and I will be on H1 until 2016. My questions is, Is it fine if I dont have a pay check or job for 2 months. Would that be an issue in future.? People say, we should have any breaks when working on H1B? The moment you step out of US you are not in any status in US. In this case you need to have pay stubs till your last day in US to justify that you were in legal status in US. If you do have that it will not be a problem now or in future. Link to comment
dinesh02 Posted February 6, 2014 Report Share Posted February 6, 2014 Hey, Thanks for the reply. I appreciate it. regarding your 4th answer, "you are fine as you are no longer on H1B status once you leave US" what do you mean by that? I am on H1B and I will be on H1 until 2016. My questions is, Is it fine if I dont have a pay check or job for 2 months. Would that be an issue in future.? People say, we should have any breaks when working on H1B? The moment you step out of US you are not in any status in US. In this case you need to have pay stubs till your last day in US to justify that you were in legal status in US. If you do have that it will not be a problem now or in future. I got it now. Thanks for your reply. Is there a rule that a H1b holder shouldn't stay in US without job? if so, for how many months? Link to comment
dinesh02 Posted February 6, 2014 Report Share Posted February 6, 2014 Once you are out of US, you will be no longer on H1. So that's not a big deal. I got it now. Thanks for your reply. Is there a rule that a H1b holder shouldn't stay in US without job? if so, for how many months? Link to comment
jairichi Posted February 6, 2014 Report Share Posted February 6, 2014 I got it now. Thanks for your reply. Is there a rule that a H1b holder shouldn't stay in US without job? if so, for how many months? Zero days. The moment your payroll stops you are out of status. Link to comment
rahul412 Posted February 6, 2014 Report Share Posted February 6, 2014 I got it now. Thanks for your reply. Is there a rule that a H1b holder shouldn't stay in US without job? if so, for how many months? Zero days. H1 is for work visa, so you need to have a job on H1. Link to comment
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