H1 b stamping in India in October

[Mamta.jsr]

Hi,

 

I got my H1 approved in US and shall be travelling to India for the first time after the Approval and need to go for stamping.

 

I am planning to go to Kolkata Consulate for stamping.

 

Any suggestions or advice will be appreciated on the questions asked and what are the rejection/approval chances?

 

Thanks.

[jairichi]

Chances are based on documentation. 

[sowmya Srinivasa Raghavan]

Hi Jairichi,

 

My husband is an IT trainer and possess the following credentials:

B.E., M.Tech., PMP, PMI-RMP, CISSP, CISA, CISM, Sec++, ITIL –Expert level

 In July 2013, He independently visited the US on his B1, (I94 approved from July’13 to Jan’14) to meet one Dr. Kerzner who was co-authoring my book. (Dr.Harold Kerzner is a renowned professor and is a leading authority on project management)

In October 2013, still in the US, he was offered a role with an American training company to develop course content for their India offices. Since he was not on an employment visa, the job offer was made through the Indian branch (of the US Company) who credited his salary in rupees to his accounts in India and has also been paying tax to Indian Govt. He is carrying documents such as Form 16 and TDS certificate as documentary proof.

He returned to India in January of 2014, within the i-94 date; and was working from the Indian branch.

In March he returned on his B1 to US, as his training delivery had to be recorded as DVDs for distribution in India.

In April, his organization sponsored his H1b petition and it was approved July as this Organization wanted to initiate a project for their new course offering and have him on it.

He returned to India in July after successfully publishing his book.

He is now about to schedule my appointment with the Chennai Consulate.

He has the following documents:

I797, I129, copies of certified LCA, Detailed Itinerary of previous B1 visits, and Letters of invitation of both B1 visits, details on forthcoming project for which H1B was sponsored, pay slips of salary credit in India, Form 16 and Tax deducted at source certificates, all my certificates, Passport etc.,

Will my husband’s H1b be rejected due to the long b1 visits? Iam very worried as I saw instances of H1B being denied and B1 getting cancelled as well.

[jairichi]

I am concerned about his job offer with American training company which he accepted during his B1 visit to US as on a B1 visa one cannot work. It does not matter who and where he got paid. Wait for others opinion.

[sowmya Srinivasa Raghavan]

Thank you very much Jairichi,

 

I apologize as I couldnt explain in detail about this offer he received during his B1. I have to explain the work he did during B1:

 

His organization is head quarted in NY and present in about 18 countries (including India).

 

He was primarily hired to record his courses for the Asian & Indian markets for their online course content.

Since this organization does all its recording in their central hub - New York, he was asked to stay back.

 

So his work consisted of recording for his organization in India, technically no work for the American organization was done.

 

Upon successful demonstration, and publishing his book, he was asked if he can record similarly for their learning modules and hence his employer sponsored a H1B.

 

Will this still be problematic?

 

Alternatively will appearing for an interview after 6-8 months help in his case? given the long stays on his approved B1 visits.

 

Thank you once again for your help, I also would wait for other's opinion. Thanks in advance to every one. Awaiting responses...

[jairichi]

Thank you very much Jairichi,

 

I apologize as I couldnt explain in detail about this offer he received during his B1. I have to explain the work he did during B1:

 

His organization is head quarted in NY and present in about 18 countries (including India).

 

He was primarily hired to record his courses for the Asian & Indian markets for their online course content.

Since this organization does all its recording in their central hub - New York, he was asked to stay back.

 

So his work consisted of recording for his organization in India, technically no work for the American organization was done.

 

Upon successful demonstration, and publishing his book, he was asked if he can record similarly for their learning modules and hence his employer sponsored a H1B.

 

Will this still be problematic?

 

Alternatively will appearing for an interview after 6-8 months help in his case? given the long stays on his approved B1 visits.

 

Thank you once again for your help, I also would wait for other's opinion. Thanks in advance to every one. Awaiting responses...

On a B1 it does not matter whether he completed work for an Indian company or US company. Your query is kind of tricky and I cannot say for certain that your spouse's activities on a B1 fall under work which is not allowed on B1. Do talk to a an attorney from Murthy law firm.