H1b and H4 Stamping in India


santosh0315

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Greetings,

 

We are planning to go to India next month to visit family after a long 8 years of H1b stay here.

 

My Situation -

  • Got my H1b stamping done in India from Company A in 2008. Last entered USA in April 10 2008.
  • After coming to US I moved from company A to company B in 2009. I have been working with  Company B ever since.

Question 

  • After 8 long years of legal stay (my visa expired in 2010 but have been getting on time H1b extensions) we are going to India. I will have to go for H1b stamping in India. So the fact that I have been here for more than 8 years and now going for Visa stamping a concern/red flag?

 

Spouse Situation -

 

  • Got her H1b stamping from Company A in 2010 and since moved to Company B.
  • My spouse's H1b expired in July 2015 and the company B applied for H1b extension on time under regular processing.  She worked until December 2015 white waiting for approval.  We welcomed our new born and she stopped working since Jan 2016. After waiting for close to 240 days in Feb we have applied for H4 change of status based on the pending H1b receipt number. The H4 processing is underway and considering the wait times we will definitely not get it before our travel in April 

 

 

Question:

 
  • So now when we go for stamping will the spouse face any issues while getting the H4 stamping done in India with her recent situation?

 

Appreciate any comments/suggestions. ​Thanks for your time.

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Appreciate the comments. Thanks.

 

Regarding "2. COS to H4 here is not needed to get the H4 visa."

 

This is because the pending H1b had no update and 240 day period was almost over. Did not want to take a chance and hence applied for COS to be on safe side if anything otherwise happens with the pending H1b

 

Regarding "If you are not working in layers there should be no problem at all."

 

Yes, I work in layers , something like this, My Company -> Vendor -> End Client.

I will have all the needed client letters etc. from all the layers involved and I hope that helps. Please let me know if you have any specific concern/suggestions in this regard.

 

​Thanks again for your time.

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