H1B - H4 - H1B

[RamyaRamesh]

Good Morning.

 

Let me explain my situation:

 

I was holding H4 then my H1B got approved in the cap also holding H1B petition. From Oct 01,2015 onwards am eligible to work in US. Till now I have not get any job offer.

 

Due to family concerns, I have to go to India in April end/Mar  first week 2016. 

 

Question 1: Suppose if I have not get any offer, in this case is it possible to travel in H4 and get the stamping on my passport and back to US in H4 then change the status to H1B(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?

 

Question 2: If I got an offer in Jan and started working from Feb, 2016, but am not sure whether company A will provide client letter and related documents for my H1B visa stamping and also in India, the stamping team expects atleast 6 months W2 forms as I would not have W2 forms at that time, so in this case is it possible to travel in H4 and get the stamping on my passport in India and back to US in H4 then change the status to H1B with the same Company A then continue my work with company A(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?

 

[rahul412]

Till now I have not get any job offer.

No that's not true, if you doesn't have any job offer then how did you got H1?

 

Your H1 was filed by an employer and that employer has a job for you. If he is not paying you from day one then you are in trouble for not getting paid. File a complaint if needed.

 

You can get into US on H4 but that depends on your H1 status. If your H1 was approved along with COS then currently you are on H1 and should get paid every month, if not then you are in trouble. If your H1 was approved without COS then you are safe.

[tara12]

You have to be on payroll from 1st OCT .otherwise ur out of status