H4:husband COS from b1 to h1,had h1 earlier to b1

[anusha.naidu19@gmail.com]

Hi Team,

 

I will be attending a h4 visa interview in march 2014.Me and my husband studied in USA on F1 visa.Later came to india to get my husband stamped for his h1 visa whose h1 petition was approved for three years from Oct 2010 to Oct 2013.We got a 221 g in the h1 interview which happened in Feb 2011.Later we got a visa denial notice as employer did not respond.The employer absconded after our 221g as the employer is suppose to pay close to $10k to my husband.

 

Later we approached Department of Labour and filed a case against our employer.It is still pending.But we have also wrote to DOS that our employer cheated on us.DOS suggested to search for an employer who could sponcer for h1 transfer,to try for a sponcer you may also try for b1/b2 visa.

 

Following this after 3 years my husband got his b1 visa through an MNC.He went to USA and completed his duties and returned back.Later he had resigned the firm as he got a job offer in USA and an employer is ready to file an h1 transfer.He travelled to USA and filed his h1transfer with premium processing.He got the h1 petition approved only for 1 year as the contract with client was only for 1 year.He is working since 2 months

 

Now i waited for 2 months to go to h4 visa,to receive 2 pay slips, all the required documents.I am working for IBM currently,

 

1.)Will i face any denial as my husband do not have h1 stamped?

2.)How to know if my husbands status is update to h1 from b1 in PIMS database?

3.)As  h1 petition is approved for only 1 year,will i face any issue?

4.)Do i have to take a NOC from the current complany (IBM)?

5.)I have a son who is 20 months old,who cant be away from his father for long.Please guide me to have a good experience with the VO.

 

Thanks

Sanku

[jairichi]

Hi Team,

 

I will be attending a h4 visa interview in march 2014.Me and my husband studied in USA on F1 visa.Later came to india to get my husband stamped for his h1 visa whose h1 petition was approved for three years from Oct 2010 to Oct 2013.We got a 221 g in the h1 interview which happened in Feb 2011.Later we got a visa denial notice as employer did not respond.The employer absconded after our 221g as the employer is suppose to pay close to $10k to my husband.

 

Later we approached Department of Labour and filed a case against our employer.It is still pending.But we have also wrote to DOS that our employer cheated on us.DOS suggested to search for an employer who could sponcer for h1 transfer,to try for a sponcer you may also try for b1/b2 visa.

 

Following this after 3 years my husband got his b1 visa through an MNC.He went to USA and completed his duties and returned back.Later he had resigned the firm as he got a job offer in USA and an employer is ready to file an h1 transfer.He travelled to USA and filed his h1transfer with premium processing.He got the h1 petition approved only for 1 year as the contract with client was only for 1 year.He is working since 2 months

 

Now i waited for 2 months to go to h4 visa,to receive 2 pay slips, all the required documents.I am working for IBM currently,

 

1.)Will i face any denial as my husband do not have h1 stamped?

2.)How to know if my husbands status is update to h1 from b1 in PIMS database?

3.)As  h1 petition is approved for only 1 year,will i face any issue?

4.)Do i have to take a NOC from the current complany (IBM)?

5.)I have a son who is 20 months old,who cant be away from his father for long.Please guide me to have a good experience with the VO.

 

Thanks

Sanku

1. No, you are fine. You need a copy of your spouse's I797.

2. If his I797 has I94 attached to it then it indicates that his COS from B1 to H1B is approved.

3. No.

4. For H4 there is no need.

5. Follow the procedures.