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Need Help.

Currently my wife is in US on H4 status(till 2019) (No EAD) and applied for H1B visa (April - 2017) .Her petition for H1-B Visa got selected in lottery.Current Case status is "Received".

She is ******** now & planning to go India for delivery (due to unavoidable circumstances) & will return US after delivery (approxmately March/Aril 2018).

Our requirement is she has to come back to US and work post delivery on H1B visa as she has around10 Years IT Experience in one of the top MNC's in India. .

Have discussed the same with the Employer who filled her H1B pettition and as per them there will be no issue if she goes to India for delivery and she can start working in US with approved visa after delivery .

Have different questions for different scenarios.Need your valuable valid answers for the below:

Scenario 1:

1 . Would there be any complications involved during RFE / visa approval if she is in India during the approval process.?

2.  Any immigration issues during return travel to US if her H1B is approved and stamped during her stay in INDIA.

Scenario 2:

If petition got approved during her stay in INDIA,and in case if H1B visa got rejected while stamping(interview) ,she would be travelling to US on H4 visa. Now the question is

1.Once she is back in US with H4 status after delivery ,is it possible to convert to H1B  status with the valid petition filled in April 2017 ( as it is valid )

2.Is the above question a valid case , if so would there be any complications involved here?

Scenario 3:

As the Employer has no objection , please suggest the valid questions that should be clarified & confirmed from the Employer before leaving to India for the delivery inorder to get atmost support and surety from the employer for working in US on H1 B visa. 

Regards

Vinnu

asked in H1B Visa by (120 points)

1 Answer

0 votes
Scenario 1:

1. There will no RFE related to her travel. They would have filed H1B as COS from H4 to H1B. So her COS would be cancelled if she travels(As her i94 changes) and her H1B will be approved as in normal Consular Processing. To start working once she is back, She either needs to get her H1B stamped or come back in H4 and apply for COS from H4 to H1B again.

2. If you have the right documentation, I don't think you will face any issues.

Scenario 2:

You need to check with your employer/Attorney regarding this.But as far as I know, depending on the reason of rejection of Visa, the H1B can be revoked. If its revoked, nothing can be done. You have to start from first. But in some cases its not revoked, if so you can transfer the Visa to a different company and get stamping.

Again, please verify this with Attorney/Employer.

Scenario 3:

I don't think Employer can give any surety or assurance. Everything is USCIS decision. You just can ensure proper documentation from the employer end, so that H1B is approved without RFE.
answered by (4.2k points)
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