H1B stamping

[Shenpv]

Came to US on H4 Visa, Got My H1B last year Oct 2013, but no job so far, Want to go India for vacation. Will there be issues while stamping ?Please help.

[pontevecchio]

When does your current H4 visa expire?

Have you been terminated in writing by the H1 employer?

What visa will you try for during your visit?

You are aware that a complaint to the DOL before the H1 employer terminates you in writing and also revokes the H1 will result in possible back pay and a return to a more legal status for you>?

[jairichi]

Came to US on H4 Visa, Got My H1B last year Oct 2013, but no job so far, Want to go India for vacation. Will there be issues while stamping ?Please help.

Was your H1B petition was approved as COS? If yes and if you had reported to employer and not being paid you are out of status. Without a job there is no possibility of getting a stamping.

[rahul412]

Came to US on H4 Visa, Got My H1B last year Oct 2013, but no job so far, Want to go India for vacation. Will there be issues while stamping ?Please help.

VISA stamp?? H4 or H1??

If it is H1 then you need latest pay stubs for visa stamp.

If you H1 was approved with COS then you are currently on H1 and you need to get paid every month. 

[rahul412]

Came to US on H4 Visa, Got My H1B last year Oct 2013, but no job so far, Want to go India for vacation. Will there be issues while stamping ?Please help.

If you are on H1 then you have  a job. Don't say I have no job. 

[t75]

Do you have paychecks? If not, you are out of status and SHOULD be denied stamping for H1B. Follow the rules for the program or don't bother coming back claiming you are working.

[t75]

I am getting really tired of foreign workers knowingly violating US laws and expecting to be forgiven for doing so. OP, EITHER FOLLOW THE LAW OR GO HOME. You are NOT what legitimate guest workers want to see her muddying their names.

[omshiv]

what is the vacation for? you didnt work on H1..you were out of status. you'll have bigger problems so stop dreaming about vacation in india.

[omshiv]

I am getting really tired of foreign workers knowingly violating US laws and expecting to be forgiven for doing so. OP, EITHER FOLLOW THE LAW OR GO HOME. You are NOT what legitimate guest workers want to see her muddying their names.

 

Well said T75.

[Shenpv]

I was not working due to health issues, Now I am going to come back on H4 as my spouse holds H1B. I am not going for H1B stamping.

 

please advise.

[jairichi]

I was not working due to health issues, Now I am going to come back on H4 as my spouse holds H1B. I am not going for H1B stamping.

 

please advise.

Why did you not immediately file for a COS from H1B to H4? Anyhow, exit US and enter with a valid H4 visa.

[Shenpv]

 

Thanks  Jairichi for youir advise,

I read somewhere that if I will go within 180 days of H1B approval, then there will be no issues while H4 stamping.

beyond 180 days I will be out of status and it will create issues., is that right ???

 

[jairichi]

 

Thanks  Jairichi for youir advise,

I read somewhere that if I will go within 180 days of H1B approval, then there will be no issues while H4 stamping.

beyond 180 days I will be out of status and it will create issues., is that right ???

 

That is correct. Talk to an attorney.

[bvijay]

hello shenpv,

 

I am also in the same situation and also I have small baby . and I want to go for H4 stamping.

 

I want to talk with you regarding this.

 

Could you please let me know where did you got your H4 stamping.

 

Could you please reply to my email. (bvijayveer@yahoo.com)

 

Thank you