H1B Petition Approved - Is it advisable to file for H4 Visa Stamping.

[neha.bh12]

Hi,

I am in India and have an approved H1B petition which allows me to work in US from Oct 1st 2011.

However, H1B Stamping is not yet done.

Please advise,if I file for a H4 Visa to visit my husband in US and go for H4 stamping:

1. Will it in anyway affect my approved H1B petition. Will it get cancelled or anything like this?

2. Can I stay in US on H4 till 1st October 2011 and then start working there with my employer (project in US) since I have an approved petiton?

Is it allowed or do I need to apply for a COS or travel back to India and travel to US again after getting the H1B stamped?

3. If H1B stamping is necessary, can I get the stamping done in Canada (travel from US to Canada) or any other place instead of travelling all the way to India?

Please provide your valuable suggestions and help.

Thanks.

[pontevecchio]

Get your H1 visa and come over up to 10 days before October,1. Why are you looking for shortcuts already. If the job is suspect then come over in H4 status and look for an actual job.

[neha.bh12]

Thanks pontevecchio.

I agree it would be ideal to come over on H1B directly. However, I want to know the other options that can be worked upon in case my H1B stamping, which is dependent on getting a project inturn, is taking a long time to materialize.

Would appreciate if you could answer my doubts stated above.

[neha.bh12]

Hello All / Attorneys,

Please advise as I need to decide at the earliest.

Thanks.

[pontevecchio]

"in case my H1B stamping, which is dependent on getting a project inturn,'

Time to be blunt. The above statement is wrong. Maybe you are misrepresentating your Employer or maybe not. Come over on H4 status and look for a proper Employer with a job for you.