- Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases additional Employer Employee relations Memorandum
- New H1B visa petition filing guidelines and requirements for 2011 quota and New guidelines for H1B visa Extensions
H4 Visa holders general situation :
Typically, significant number of the H4 visa holders are well educated with B.Tech degrees and some of them probably would have worked in Indian IT Consulting companies like Infosys, Cognizant, TCS, Wipro, HP, IBM etc. for few years anywhere from 1 to 5 years. Once these well qualified professional women marry H1B visa holders working in US, they come to US on H4 visa and back of their minds, they are thinking : “After I go to US, I am going to apply for H1B visa and work in US along with my husband ”. Also, the guys are thinking too, “I should apply for H1B visa for my wife in the upcoming H1B visa quota”. Typically, this used to work out very well until recent years where there has been recession hit and significant job losses all over US. In general, it is very hard for someone who used to work full time as a professional to sit at home all day and do nothing. It is just frustrating and in fact waste of time too.
New H1B visa 2011 rules impact on H4 Visa holders:
Well, with the new H1b rules memorandum and additional requirements for H1B visa petition, there is a big question prevailing among the H4 visa holders, “How to find a good H1B visa sponsor who can fulfill the new rules ? ”. With the new rules the small desi consultancies who used to H1B visa sponsorship are no longer in good shape to file a valid H1B visa petition. I have already written a section about this in previous post, where I explain “What does New H1B rules for 2011 Quota mean to all the Small IT Consulting Companies ?” . Anyways, bottom line, your options for finding prospective H1B visa sponsors are very limited. I am sure the husbands on H1B visa are looking all around for any contacts to find a good employer. Few tips for looking for employers.
What/How to look in an employer to sponsoring H1B visa for 2011 quota:
- You really want to look for companies of good size, I would say at least 150 or more.
- The most important thing is to look if they have project implementations in US and they have employees working on site and reporting to the consulting company and not to client. They must have few implementations. It is very important for your Visa approval.
- As always, you can verify the size of the company and other details like denials, etc. Check the article: Things to verify before you choose employer for H1B visa .
- One of the avenues is to look at the big outsourcing concept consulting companies like Infosys, TCS, Cognizant, HP, Accenture, etc. There are many outsourced projects and because H4 visa holders have some work experience, they can cash that in and build a strong resume. It would be an ideal option if you can find a job in the big IT outsourcing Consulting companies.
- Another option is to look for Full time job at any American company. If you can dictate the start date with the company to have it from October 1st, then you can adopt this option. It might not be possible. Read the below for more likely situation based on cap numbers.
If H1B quota for 2011 lasts until December 2010 :
Let’s say, hypothetical situation (cannot count on this, but something to think about), the H1B visa quota lasts till December 2010. It does not even be till December, even the H1B quota lasts until October 2010, there is another idea. You can start looking for Job in any American Companies. I mean, look for a FULL Time job in any American company. You are not limited to consulting companies. Based on the cap count, you can see the situation and may be start looking for Job from August and you might get an offer in September, they can apply for Visa. Ideally, it takes 2 months or so for getting full visa approval. It sometimes comes early too based on how fast USCIS Process the H1B visa petitions. Anyways, you may start looking for job from June too and may get an offer in August and by the time the visa process is done you are already there in October 2010.
It is a very hard situation for all the H4 visa holders and I know quite few of my friends who recently got married and are planning on H1B visa for their wife, but having a hard time with new rules and recession. Well, it is what it is, we cannot change much. Just try harder… Good Luck!
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Saurabh
Firstly, thanks for such an enlightening post. It helped me understand a lot of things.
I have an H4 visa approved. I am currently employed in India (will reach US in DEC) & want to know whether it is legal if My current employer (in India) provides me Work from Home. i.e. I will be working from US with my salaried account in India for an Indian Organisation (salary in indian currency).
No, that won’t be legal. You cannot work on H-4 at all.
But who cares what an H4 is doing from home. She will be salaried in India. I don think DHS will check background in india. Its illegal for her to earn in dollars.
I am here to let readers know what is legal and what is not. It is one’s choice whether they want to do the things the right way or not. As per law, one should stop at the red light. However, if one assumes that they are no cops around and jumps the red light, then the person will be responsible in case s/he gets caught.
As per law, one cannot work on H-4 period. It doesn’t matter whether the employer is in US or outside US. What do you think will be VO’s response if he asks H-4 interviewer if s/he plans to work in US and s/he replies that s/he plans to work for Indian employer and get paid in INR and not USD.
You are right Sourabh, Red Light is the very best exapmle..I like it.
Hi, I have done B.Com from India. And then I am currently studying 2nd Bachelors in Management. I intend to study MS in Human resource management from golden gate university at San Francisco. I came to US on F1 in 2010 and I intend to graduate in April 2012.
Can you suggest me what companies i should target on OPT for entry level jobs in HR? And how should I approach them?
-Thanks.
You can start your search by going through job sites. Indeed.com is one site I know of that has lot of entry level positions. At times, they publish the position on craigslist as well. I am sure there are other job sites that excel in this area. If you have companies coming to your school, then that would be another good point to network w/ them.
What also really helps is networking. Get in touch w/ your school alumni to see where they are placed and if they have similar openings there. If you have friends/family working in US, you can get in touch w/ them.
Hope that helps!
Hi,
My wifes situation is little different, she was working until May 2011 in US (H1) and quit her job and applied change of status to H4 to spend time with our toddler. She got a job last week from a different company from before. Does she need to just apply for H1 transfer or apply for new H1 ? and is change of status required ?
H-1 transfer needs to be applied along w/ COS from H-4 to H-1.
During my job trials,when I say H4, no one is scheduling interview. If I say H1 , vendors schedule interview. I need to get client letter to get my H1 done on premium processing by some employer . How can I push the vendor who scheduled client interview to get client letter for applying H1b?
Hi Smitha,
Iam also on the same boat..
One of the consultant forced me to do that, got an interview and got selected, but then something went wrong and the company asked me to produce/show the legal authorization to work in US after giving me the offer letter. I dropped it, it was such a guilty for me.
Since then i decided, i will say H4 when iam on H4. Will wait for the company to sponsor new petation for me. Will say that and wait till i get my job and H1b sponsorship..
Now everyone will encourage you, but when some issue comes up, its completely you who is going to face the circumstances and related problems. Consultancy will escape easily from this.
Saurabh.. I dont know if the above message/opinion i have said is right or wrong, but some how felt to share what i have gone thru.
Thanks for sharing TX. I had been waiting for 3 years with same ideology and I see that H1B rules are becoming more stringent making things more difficult.
Finally I started seeing things in more practical way. What is that I am going to loose in trying to get H1b sponsorship with a lie? Things should not matter as long as I am doing my job well.
Saurabh, can you please share your thoughts regarding solution to this problem?
To that point, lot of companies are also becoming very strict about who they hire even as contractors. A lot of companies are wanting to see legal work authorization of contractors before signing the contract (something similar to what happened w/ TX).
Once you have lied about your status, it will be difficult to go back on it in case end client decides to do background check of you as a contractor.
Smitha,
I understand the situation when you are in H4 and want to work.
I myself sometimes feel that i cant stay any longer here and feel like going back to my home country and get a job and keep myself busy.
I wish you all the best for you job trials, one thing i can say is
“expect for the best, prepare for the worst”..
Hope to see you soon on H1 🙂
I completely agree w/ your opinion. If something goes wrong, the company can close down and a new one will pop-up. However, you will be stuck to face the consequences.
You should inform the employer that you need visa sponsorship. Your employer would know what all is required for the approval. If it’s a big employer, then can file it w/o client letter. If it’s a small employer they will work w/ you to find project/client before applying for H-1.
I am even working out on those lines even with my employer who is willing to file H1.
If the structure is
Client –> Preferred Vendor –> Vendor X –> Employer Y (H1 sponsor )
If my profile is submitted by Vendor X and selected in the interview with end client , and then if the Vendor is ready to sign Purchase order with employer, is that enough for filing petition with USCIS.? Do they require even the end client letter ?
It’s still good to have contracts b/w all involved parties to show that the chain exists. If you do not submit letter b/w Client and preferred vendor, then that will not show that there is an end client existing ready to hire your services.
The other thing to look out for in this model is possible RFE related to employer-employee relationship control. USCIS will ask how your employer controls your day to day activities and tasks. As there are 2 middle vendors in b/w this may not be possible and could result in possible denial. You can search online for more experiences of people who are working in EVC or EVVC models.
hi,
my husband is in US on h1-b visa.I am planning to go there on h4 and then thinking to convert to h1 for doing a job.but in ds-160 he updated as ‘NO’ in the co;umn ‘where u previously employed’.will it create a problem for me while converting to h1? or while applying for a job?
No, it won’t.
Hi,
My niece is in H14 status (ie, her h4 expired and filed h4 extension and got it) and she has filed H1b thro premium processing and received a RFE last week. (asking client letter..employee employer relationship)..My question is, if the worst case,if her h1b get rejected, Would she still comes under H1B quota system for 2012?
thanks,
Jack
If her H-1 gets denied, then she will not be considered under FY-12 quota. Her next H-1 petition would still be subject to quota, irrespective of whether it is filed in FY-12 or FY-13.
Dear sir,
My name is srikanth i am in texas on h4 visa, my i94 expired on 3rd october but i got a job offer in texas and they filed a h1 petition (premium processing) and my h1 status in the website shows as RFE. What would happen now
Waiting for your reply
Your employer would receive the RFE details and they will have to provide the response. If USCIS is satisfied w/ the response they would approve it, else deny it.
Hi,
I am currently on H4 which is valid till July 2012(I94 also valid till July 2012).Applied for H4 to H1 COS under regular processing in May 2011.Got RFE to send the spouse payslips and we responded . Now the H1 status is showing as RFE response review.
My husband got an offer from another employer and next week this new employer is going to file his H1 and my H4 transfer under Premium Processing. Now I have the following questions
1) Suppose if my H4 transfer is approved while my H1 is pending,Does that impact the COS ?
2) Does my oId I94(valid till Jul 2012) which was sent for processing my H1 become invalid as the new employer is going to transfer the visa ?
3) Is there any use if I upgrade from regular to PP at this point of time?
4) Suppose if my H1 is approved without COS , Can I apply for COS without travelling back to India for stamping?
Thanks,
Jasmine
1. No, it doesn’t
2. I-94 remains valid. Only the status changes to H-1 but that too when COS is approved.
3. If you want to start working on H-1 early.
4. Yes
As your current status is already H-4, why does the new employer want to include you in your husband’s filing? If your H-1 gets approved w/ COS and then your H-4 gets approved, your eventual status would be H-4 and not H-1. You will have to re-file for H-1 COS or go out of country and get H-1 stamped. The only advantage you have applying w/ your husband is that your I-94 would get extended and will allow you to stay as long as your husband is in US.
How about the below plan:
– let your H-1 get processed w/ COS
– let your husband file his H-1 transfer. You don’t get yourself added to it.
– once your H-1 gets approved w/ COS, you can start working on H-1
– if your H-1 gets denied, or COS is not approved, you can file for H-4 extension by submitting your husband’s new H-1 petition
Hi Saurabh,
Thanks a lot for the advice.The problem here is the old employer is saying that he would cancel his H1 and my H4 once his H1 transfer to the new employer is approved . That’s why my husband is also including me while transferring to new employer.
Thanks,
Jasmine
Ok. Let me rephrase it this way. What H-4 documents do you have – visa stamp in the passport and I-94. Anything else?
Hi Saurabh:
I have a H1 and my wife is planning to come to US in January on an H4.
I wanted to know, (assuming the H1B quota for 2011 is still not filled up) if my wife gets a job in feb 2012 sometime, can she start working right away or will she have to wait until next October? The questions assumes that the H1B quota for 2011 still has some visas available.
Please advice.
Best regards –
Kunal
If the quota is still open, then she can start working once her petition gets approved. So if the petition gets approved in May 2012 (w/ COS), then she can start working from that date.
In case quota is no longer open, and her petition is filed in next fiscal year’s quota then she cannot start to work until next fiscal year start date i.e. 1st Oct 2012.
Hi Saurabh,
I am on H4 currently i am planning for change of status to H1, I have an employer who is willing to sponser my H1, I have 3 years of Experience as Programmer in india.
My Question is how much approval chances are there for H4 to H1 COS right now ?
Would depend upon employer credentials, proposed job/client/project etc.
Hi Saurabh,
I have done my masters here and started working for a consulting company. He filed for my h1b and I worked for a client site in USA till Dec 18th until i went to india. I got my visa stamping interview on Jan 5th. I was issued a 221g for documents which my employer failed to submit. So i got refused on March 31st.
So When is my last date of H1b ?
Then i came to USA on H4. I got it stamped on May 24th. Also i have got another job offer here who is willing to apply H1b for me now. But i have tell him about this scenario. So when should i say my H1b has expired.
I am in a very big confusion right now.
Also will the USCIS need the experience letter documents for the time period i worked on india after my H1b refusal and me coming to USA on H4. Will that be an important criteria as well for USCIS to approve my new H1B?
Thanks for your help in advance
Do you know the actual dates on H-1 797? Those determine when your old petition expired. Also, do you know if USCIS revoked the petition once your stamping was denied?
When you file for H-1, you may be asked to submit payslips from the period you were in US on H-1. They may not ask for experience letters, but would ask for payslips.
Hi saurabh,
thanks a ton for replying back.
my visa was good til sep 2012. but i got the denial letter on march 31st 2011, i got rfe on jan 5th when i went for stamping. So when is the last date of my h1b for this period? i dont if my h1b is revoked. because i still see status that uscis is reviewing my case and they will let me know once updated. But i changed to h4 in may and came back to usa.
i want to know it to know how much time is left for my new h1b.
also do they need paystubs from india company as well? ( 4months of my job in india before coming to usa on h4)
my new employer is filing for me h1b cos from h4 to h1b. will my previous scenario affect this h1b filing?
also this is a full time job. so can you please tell me if this enhances my chance of getting the approval of h1b.
One more imp point is right now am on h4. my husband changed job 2 weeks back and his h1 transfer is pending. will that affect my H1b filing which is done by my new employer?
thanks again
The only purpose your old H-1 solves is to make sure your next petition is considered cap-exempt. If USCIS has not revoked the old petition yet, your new employer can file for H-4 to H-1 w/ COS and that too cap-exempt on the basis of old petition (this can be done even if the old petition has expired).
On H-1, a person can spend maximum 6 years in US. Only the time spent within US is counted.
You will not be asked about your Indian payslips, but you may be asked about your payslips from your time in US on H-1. Your husband’s change of job will not impact your processing as long as he is maintaining status (i.e. getting paid).
Thank you for the information saurabh.highly appreciate it.
One more last question.
My last employer filed my h1b as a programmer analyst but I worked as a qa analyst on client side.
Now I got a qa analyst Full time position with new employer for new h1b filing.
Will that previous conflict of position be an issue for this filing?
Thank you very much.
There might be questions raised because of this, but it’s not a surety. USCIS may question about the change in profile; or they could be satisfied w/ your resume, experience and consider you as a good fit for the offered position. It is tough to give a concrete answer, as a lot depends upon the officer accessing the petition.
Hi Surabh,
I came to Us on L1 working for company A and applied H1 through company B which is approved on Nov 24th 2011. That time I was in india, moved only on Nov 21st, 2010. I came back in dec 2010 on L1 and worked on L1 till may 2011. Then moved to company B and started working for it on H1. But company B delayed in applying h1 amendment, they did it recently only.
Will my h1 amendment be approved ? If denied, will I be out of status? or will go back to L1 status? an Indian MNC is ready to do h1 transfer, Can they file h1 tranfer before my COS is approved ? will that solve my problem. In worst case, I need to go out of US, Can I transfer my H1 to the indian MNC from India and came back even if the h1 quoata completes.
When you started working for B, did you have an approved COS at that point? If no, then it may be a problem. You can start working for H-1 employer only after COS has been approved to H-1. Until then your status remains L-1.
If your COS is denied, you will remain on your current status which is L-1. You will have to work for L-1 employer. A new employer can file H-1 transfer and COS for you. But again, COS approval may get rejected because you didn’t continue to work on L-1.
If you have to leave US, a new employer can still file H-1 for you, even after the quota has exhausted.
Saurabh,
Thanks for your reply. Initially COS was approved along with H1 petition, but I was in Inida that time and came back on L1 later. Again no COS when I started working for company B on H1.
If I leave to India and a new employer file H1, do I need to provide my pay slips on H1. I do have, but will that be okay since I worked on H1 with out COS.
As I mentioned another MNC, where I am working third party currently, ready to file H1 transfer, can I give that try?
Appreciate your help.
If I understand correctly, you started working on H-1 w/o getting COS approval (since you entered US on L-1 after your last return to US). That wasn’t correct.
Your new employer can try to file for H-1 transfer but I am not sure how it will go. USCIS may ask for L-1 payslips as according to system your status is still L-1 and not H-1. Talk to an immigration lawyer to discuss your case in detail.
Sure, Thanks a lot for suggestion. I must say that you are really doing great job in clarifying all our concerns
Hi Saurabh,
I plan to travel to the US next month on H4 & start looking for jobs. My husband is already working there on H1B.
I wanted to know:
1. Can i get H1B this year as the quota is still available & start work within 2 months/ 20 days (premium processing)?
2. If i find an employer in Feb’12, can i start work in Apr-May’12 assuming my petition is approved?
I think i basically wanted to know if petitions can be filed through out the year (assuming quota available) and work started with 2-3 months / 15days (premium processing)?
Thanks for your help.
Kalash
1. Yes, that is possible provided you are able to find employer quickly and your petition gets approved w/ COS quickly. If RFE is issued, then the process could get delayed (even w/ PP)
2. If you find an employer after the quota has exhausted, then employer needs to wait until next fiscal year before filing H-1. The earliest date to file in next fiscal year (FY-13) is 1st April 2012, and earliest start date is 1st Oct 2012.
Ok… so if this year the quota is over in Jan, then does that mean I cannot start work on H1B till Oct’12 even if i get an H1B employer in Feb’12?
That is correct. If the quota gets exhausted in Jan, then the employer will not be able to submit petition until Apr and the start date of employment cannot be prior to 1st Oct 2012.
Sourabh,
I am on H4 visa. I am a graduate, with Post Graduate program in Management, and 5 yrs of experience in IT Service Management (With one of the top IT Outsourcing companies in India). I am still on Loss of Pay leaves and It would end by Mid of December. While I was hunting for a job in US, I realized it is so hard to find the sponsor who can file the H1B for H4. It would be great if you could provide me so tips on the same. Also, am I eligible to file for H1 now as it is already October 2011. I understand that the quoto’s for H1B filing would be over before October. Do i still have a chance? Please help.
Thanks,
Sandhya
Sorry, I am a Bsc Graduate, also with Post Graduate degree in Management
Quota is still open, and so an employer can still file H-1 petition for you. It is really tough to find good employers in this economy. Usually consulting companies file H-1 for folks who are in US on H-4. You can start targeting such employers. You can look for them either in your/husband/friends’ professional network, or on job sites like dice, monster etc. But you carefully need to vet each employer as not all of them are credible. Another thing that you can do is go through list of past year’s filing (available on flcdatacenter) and see which employer would be good ones for you.
Hi Saurabh,
I would like to go India in 2011 dec. I am on H4 now. I have to get my visa stamped. Unfortunately, if it gets rejected, can i come on F1 visa to US. Please let me know.
Thanks
Ram
You can return on F-1 only if you are enrolled in a school and intend to return to that school to complete studies. Do you already have an existing F-1 visa stamp, or will you go for F-1 stamping?
I dont have an F1 visa now. I have to apply after going to india if h4 is rejected.
Will they allow me to apply F1 visa if H4 is rejected.
Please let me know.
Thanks
Ram
If you have an I-20 from an accredited school, then you can apply for F-1. Getting I-20 may take time, so you will have to plan accordingly.
Hi Saurabh,
I am a software employee(Java, J2EE) and trying to get a job in US.Tried through dice.com and other websites.In these websites, they mentioned that jobs are available for US Citizenship,Greencard holders and H1B Visa holders etc.
Can you please provide some information about to get the job on there?Let me know any consultancies?
Thanks….
Hi Priya,
You need to have a good employer who would file for your H1b, how ever many employers are hesitent to file for H1b’s from india coz the waiting period for H1B stamping is long.
Regards
Sreenath
Hi,
I m on H4 visa and I know one consultant who is sponsoring H4-H1 or H1 B transfers. let me know if anyone is interested. I’m going through this consultant.
reply me
The opennigs are only in .NET
Hi Sai,
Can you contact me on 7327627099 please. or send me your contact details on my email id . My wife has relevant experience in .NET
Hi Sai,
Can you send me the employer details. I am in H4 and looking for H1B sponsors.
Thanks.
Hi Sai,
Can you please send the details of sponsor to [email suppressed]
Thanks.
Vinoth
Hi Sai,
Can you tell me about the consultant.
My contat number is -: 979-229-4304
Regards
Varun
Hi Sai,
Iam looking for the Employers who can sponsor H1 visa,
I have experience on .Net.
can u send me the employer details to my email id.
[email suppressed]
Thanks
Anu
hi,
i am looking for h4 to h1b. Can you please guide me.
Regards,
barath
Can you please mail me the details
Hello Saurabh
I am traveling to US on 15th Nov on H4. My H4 is in the name of Employer E1. The current status is , my Hubby got an offer from Employer E2 and they have initiated his H1 B transfer from E1 to E2, which will take some time which can be before 15th Nov or after 15th Nov.If H1B gets transferred after 15th Nov, then i guess there in no issue . What is the case if it gets transferred before 15th Nov as my H4 Visa displays the name of Employer E1.
TIA
Manisha
Even if your husband changes employer, it is ok for your visa stamp to display E1. As long as your visa stamp has not expired, you can use it to travel to US even after employer changes. Same holds true for your husband.
Does that answer your question?
Hi Saurabh
Thanks for the prompt reply . My H4 visa is valid till 14 Sept 2012 ..I assume you are referring to Expiration Date by saying “Visa Stamp has not expired” . If that is the case , I have one more query – Do I need to get a letter from hubby’s Employer E2 that I am traveling on so and so date or something like that ?
TIA once again
Manisha
If you are travelling separately from your husband, then it’s better to carry information about his employer and work. This includes his recent payslips on H-1 and employment letter from his current employer in US. You also need to carry approved petition or transfer notice (if he has already started working for B and that is still pending).
And my another question is,
I was previously on h1b and as my visa got rejected at the time of stamping in India, I had to come back to the US on H4 visa. Now my spouse’s employer is willing to file H1b for me–is that a good option? and also can I start working once I receive the receipt number( since I was previously on H1b)?
When your H-1 visa stamp was rejected, was your petition sent back to USCIS for revocation? If your original petition has been revoked, then the new petition cannot be filed as cap-exempt (i.e. H-1 transfer).
Besides, your current status is H-4 and not H-1. So you have to wait for COS approval before starting to work on H-1. One can work on the basis of receipt only if
– H-1 petition is filed as cap-exempt
– current status in US is H-1
Hi Saurabh,
Thank u so much for the reply.
I only received an email from the consulate that my visa has been refused under section 221g. This is the content of the email,
“We must inform you that your case has been refused under Section 221(g) of the Immigration and Nationality Act (INA). Essentially, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular officer to meet the requirements of the INA or of the regulations there under.
Based on the documents submitted to us and the information elicited in your visa interview with a consular officer, we were unable to issue a H-1B temporary work visa, because your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
In accordance with United States law and Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Nonimmigrant Worker filed on his behalf was returned to the United States Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of his case as presented to us at the time of interview.
Consular officers return a petition to USCIS only when the visa interview provides new information that is not available to USCIS at the time the petition was approved. We have provided our perspective on all the facts about your case to USCIS and will await its judgment on whether or not the petition should be reaffirmed. The U.S. Consulate General in Hyderabad is no longer handling his case, and will be unable to give you any information on the status of your petition. You can contact USCIS for a case status update.”
And now when I track my case status in USCIS website using the receipt number of my approved petition, the status is “On September 19, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you”
So, does that mean my H1b has been revoked or no?
if not, can I file my new H1b petition as cap exempt and start working as soon as I get the receipt number?
Your 797 has not been revoked yet, but it might be if USCIS determines so. As the quota is open at the moment, you can find an employer and ask them to file a petition for you. You would still need to go for visa stamping, and once approved travel to US on that visa stamp to work on H-1. The cap-exempt petition comes in handy only when quota is over, or you are filing prior to 1st Oct (non cap-exempt petitions cannot start prior to 1st Oct, but cap-exempt petitions can).
Hi Saurabh,
You have missed one point here that I have already come back to US on H4 visa. So, I’m in the US now. My question is since my petition has not been revoked yet, can I start working as soon as I get the receipt number? However from your other replies I assume I cannot start working with the receipt number.Correct me if I’m wrong.
Another question is, can I wait until the USCIS sends the NOID or NOIR to my petitioner and try for getting my old petition re affirmed.
FYI, I am already in the US on H4. Can I do that?
As your current status in US in H-4, you will have to wait for COS approval before starting to work on H-1.
Your employer can try to get it re-affirmed, but you need to do calculated check on whether it can get re-affirmed or not. If questions have been raised which your employer has not been able to answer or provide documentation, then there is strong possibility that it will not get re-affirmed. A different employer may be a better bet (and quicker as well if you want to avail premium processing option).
Thank you so much saurabh. You were very helpful.
Hi Saurabh,
I am on H4 visa and my I94 expires in jan 2012. I am planning to apply my h1b visa some time in November. My question is what are the chances of COS approval?
If your H-1 is filed prior to I-94 expiration and your spouse is maintaining valid H-1 status (i.e. have payslips and W2), then there is a good chance of your COS getting approved. H-1 approval is a whole different story.
Thanks for your reply. Acutally my wife got h1b through a indian s/w company and project is also ready for her. The question I asked is for me. I have H4 and will be travelling mostly in 1st week of Nov. I have to look for projects for conversion from H4 to H1.
From ur replies..I can feel that it would be difficult to get a project for me. But since another 30,000 is available I am planning to give it a try. Pls share ur thoughts.
I would suggest that you “test the water” while you are still not in US. Go to job sites like dice, monster and see how many openings there are that suit your profile. Also follow openings on company’s sites. If there are not many then probably companies have already stopped/slowed the hiring. This could give you an indication on how things might go once you reach US.
hi Saurabh,
Thanks for all your advice..You are doing a great job. I am in India. My wife has H1 and I have got H4 also now. Is it right time to travel U.S? Considering that the holiday season may start soon and it would be much difficult to find a job. When I checked the 2012 cap I see another 30,000 is left. So we are in a dilemma whether to travel now or travel next year.
Please share your advice and thoughts. Thanks.
As your wife already has H-1, she shouldn’t be impacted by how much quota is left. Does your wife plan to search for projects after landing here? If yes, then this is what you need to keep in mind:
– After November hiring slows down as lot of people go on vacation. So it’s difficult for companies to arrange the entire hiring panel for interview
– Most companies have their fiscal year ending in Dec. So they try to close most of the positions before the end of fiscal year
– In Jan, companies start new fiscal year and come up w/ new hiring budget. Depending upon how company is performing this can go up or down
Hi Kumar,
I’m on H4 visa status and residing in Georgia state, My I-94 has expired on 30-Sep-2011.I have filed for H4 extension with USCIS last week before expiry.I heard that for getting the new I94 it will take 3 to 4 months of time.
One of the employer is ready to sponsor H1B visa on a premium quota this month.
Since my I94 has already expired and has been filed with USCIS for extension, will this be a problem for filing a fresh H1B(Premium quota) for me?
Do i need to wait till i get the I94 for H4 visa OR am i permitted to file H1B on a premium quota parallelly ?
Kindly advise.
Many Thanks
H-1 can still be filed, however COS may not get approved as current I-94 has expired. If you need to file H-1 w/ COS, then this is what you can do:
– upgrade your extension petition to premium processing (along w/ your spouse’s). Once approved, you will receive a new I-94
– ask the H-1 employer to file H-1 w/ COS and once approved, start working on H-1.
The other option is:
– ask employer to file H-1 w/o COS. One approved, your status would remain H-4.
– once H-4 has been extended, file COS from H-4 to H-1 (based on new approved H-4 and just approved H-1). Once approved, start working on H-1.
Does that provide clarification?
Hi Saurabh,
Does that mean that i can start working on fresh H1 only if i get my H4 extension approved ?
Since i have the receipt number stating that im legally allowed to stay in US will that help me in filing a fresh H1 in premium quota and start working immediately.
My employer who is sponsoring H1 cant wait till i get my H4 extension approved.H4 extension is not filed under premium.
What option should i give to the present employer who is ready to sponsor H1B?
Thanks
Minu
You can start working on H-1 only when your petition gets approved along w/ COS. For the latter to get approved, you need to have an unexpired I-94 at the time of filing.
If the employer cannot wait, then you can try the following. Ask the employer to file for H-1 along w/ COS. Submit all your documentation including currently expired I-94 and copy of extension filing. If COS gets approved, then you can start working on H-1 from the approval date. If COS doesn’t get approved, then wait for H-4 extension to come through and then file for COS. Or travel outside of US, get H-1 stamped and enter US on that stamped visa to work on H-1.
Hi All,
Please share your experiences who ever have filed for new H1b and updates on that
Regards
Kavitha
I have completed M.E, Computer Science (India) in 2009 and came to US shortly after my marriage. I’m on H4. I wanted to know if there is any company that will hire me as a fresher or What other options do I have to work?
When on H-4, typically consulting companies are the ones that file the H-1. These companies then place you as a contractor at a client site who has an opening for your skill-set.
First the good news – Based on your education you are eligible for H-1. Now not so good news. As you don’t have any work experience, you need to see whether there are any openings that suit your profile. Lot of times people jump on to H-1 wagon and because of skillset mismatch end up hampering their status. I am not saying you are technically incompetent, but it’s always better to see if you are ready for the job market or need to brush on certain skills before entering the market. Go to job sites like dice, monster and see if there are any openings that match your skillset. If there are, search for employers and ask them how they would market your resume as a fresher. Lot of companies are not credible and don’t have any direct clients. If the skillset doesn’t match, then you need to work upon improving your skillset (training, studies etc).
Hi,
I’m on H4 applying for H1B, If my H1B gets approved , Do i need to travel back to India and get it stamped there within 1yr? or is it mandatory to travel to India for stamping purpose?
Thanks
Sai Prasad
If your H-1 gets approved w/ COS (change of status), then you will be on H-1 from the date mentioned in the approval notice and don’t need to immediately go for stamping. You will need stamping when you travel out of US next and want to return on H-1. Also, there is no such requirement that stamping needs to happen within 1 year or so. It can be delayed for any amount of time.
If your H-1 gets approved w/o COS, then you will have to get H-1 stamped from a consulate outside US and enter on that visa stamp to work on H-1. Again, this doesn’t need to happen within a year but within your petition validity date. Once petition expires, you will have to file for extension and take that for stamping.
Hi,
I came US on a H4 visa as a dependant to my wife.The Visa got expired on 30-Sep and the visa extension is already filed at USCIS.Will this stop me in filing fresh H1 if i find a sponsor.Or do i need to wait until i get my visa extension approved.
Thanks
Sreejith
Has your I-94 expired? If I-94 has not expired, then employer can file for H-1 w/ COS. If it has expired, then also employer can file for H-1 w/ COS but COS may not get approved as I-94 has expired. If you file for H-1 after extension has come through, then you will have the new I-94 and COS can definitely be applied for. If COS is not filed or is not approved, then you will have to get your visa stamped from US consulate outside US and then enter on that visa stamp to work on H-1. The other thing you can do is to file just for COS later (when your extension has come through). Does that clarify?
Hi,
I am travelling on L2 visa in Oct and soon will apply for EAD. My husband L1 will expire in 2014. To get my EAD approved it will take 3 months, but in next 2 months i may need to cometo India say in Dec or JAn mid.
So, what abt my EAD? Do i need to aply for it again. Or the one which i have applied in Oct will still be ok to work with.
Also one more query, if someone fills EAD so for next three monhs untill e/she gets EAD approved, do he/she has to be in USA for any other formalities.
Kindly reply.
Hi. Hope you can help me with my situation. My H4 visa expires on October 8, 2011 and I have an employer who is sponsoring me for an H1b. However, the employer is still in the process of acquiring LCA because it was returned due to FEIN problem. I am worried that they might unable to file the h1b to USCIS before my h4 visa expires. What is the possible thing that I can do without going out of US when this happens? Do you think I can still extend my H4 visa while waiting for the LCA? Please share your thoughts. Thanks
If they need to file H-1 w/ COS, then that needs to happen before your current I-94 expires. Once your I-94 expires, they can still file H-1 but COS may not get approved. You will have to get H-1 stamped from a consulate outside US and enter US on that visa stamp to work on H-1. If your spouse’s H-1 employer planning to file for your H-4 extension?
Yes, my wife’s employer was about to file my extension as well. But since my employer is applying for my COS they thought of not pursuing it. I may still have time to extend my H4, would it be wise to extend my h4? will there be a compromise having 2 petitions at the same time?
Even if your H-4 extension is filed, your H-1 COS needs to be filed before I-94 expires, or after your H-4 has been extended and new I-94 has arrived. Also, when H-4 extension and H-1 COS are filed in parallel, it’s starts a race scenario and your status would be determined by the petition that’s approved later. So if H-4 is approved followed by H-1, then your final status would be H-1. Vice-versa it would be H-4.
It’s better to talk to an attorney to discuss your specific case as he can tell you all the options along w/ pros and cons of each.
Hi Saurabh,
I have a question regarding extension on H1B bases on approved I-140 by his previous employer.
My Husband has an approved I 140 from his previous employer and he is in 5th year of his H1B now. When he joined new company last year, he got 3 years extension based on his approved I 140 from his previous employer. Now the question is, Can he get another round of extension after the expiry of current H1B which is valid unitl Aug, 2013, based on the same old I 140 from previous company even if he don’t file his PERM from new company for now?
Intension behind doing this is to get it filed under EB2 from new company which his company will do only after 2 years. Otherwise his company is ready to file under EB3 right now. His priority date from previous PERM process is of 2008 and right now, 2007 priority date is going under EB2. so, if he gets filed under EB2, he will get in couple of year.
If he can get another round of extension on the current H1B after 2013 based on the same old I 140 from previous company then he is better off waiting for 2 years and get it filed under EB2.
Please advise us on this as it is very important in decision making.
Thanks a lot for your help and advice.
Regards,
Anushree
It is possible to get 3 year extension based on 140 approved through a different employer. But I would advise talking to an attorney as well.
Hi,
Thanks for this informatiions……
My husband H1b extension is in progress with USCIS ..& he initiated my dependant visa through his company. Please advice whether I need to give his original h1b petition number or his latest h1b extension petition number while filling DS160 fom filling……
You will have to use the more recent petition number when filling up the DS form. Also, extension needs to have been approved by the time you go for stamping, and you would need to carry a copy of his approved 797. BTW, this is assuming his current petition has already expired. Let me know if that’s not the case.
his current petition is not expired.Its validity period is until jan 01 2012. please advice… if there is any risk in proceed with h4 stamping
Your visa stamp and I-94 expiration date would depend upon the petition you would be carrying. So if you carry existing petition for visa stamping, then visa stamp would be valid till 1/1/2012. If you wait and carry the new petition for stamping, then it would be valid for a longer duration.
Same goes for I-94. When entering US, if you show old petition, then you will get I-94 until 1/1/2012 and will have to file for I-94 extension once his H-1 extension gets approved. But if you the new petition is approved by the time you travel, then you will get I-94 valid for a longer duration.
So the answer to the question whether you should wait or not depends upon how quickly you want to travel to US and whether you are ok filing for extension soon after entering US on old petition.
Thanks a lot for saurabh for the detailed clarification.
Hi Saurabh,
Great thanks for all ur informations…..
I got H4 visa & travelled to US and currently applying for H4 extension. Please let me know what is a dependant approavl notice documen…..
You should be able to file for H-4 extension by submitting:
– H-1 petition
– payslips
– your I-94
– copy of your passport w/ visa stamp
I received a rejection for H1 B visa under 221 g from New Delhi Consulate.
I am planning to get H4 Visa as my wife is working on H1 B.
Remind you that as I waited for almost 4 months for my H1 B Visa renewal in India,my employer has terminated my job in the US.
One question that is bothering me is that what should i answer when the Visa Officer will ask following questions:
1) Will you continue working when you reach back to US?
2)What will you do after going back..?
3)what is the purpose of your trip?
Generally for H4,married women can say that they want to be a Homemaker or Housewife.But what should the male candidates who was on H1 Visa reply for these kind of questions?
Please provide some valuable information.
Thanks and Regards
1. No
2. Stay at home and be w/ my wife
3. To be w/ my wife
Men have come to US in past on H-4 visa, so it’s not something unheard of. Besides, couples/families do exist here where the husband/father stays at home while the wife/mother goes to work.
Thanks Saurabh
Hi Saurabh,
I have the below situation. I came to USA on an H1B visa with company ‘A’ in Nov 2009. My H1B visa stamp is valid until September 2011. In August 2010 I changed employer and transferred to company ‘B’. I got new I-797 approved for ‘B’ until July 2013. I visited India in March 2011 and came back to USA in May 2011 on my existing Visa stamp from belonging to company ‘A’. I again went to India in August 2011 and came back to USA in September 2011 on my existing Visa stamp belonging to company ‘A’. Which meant i could enter USA on the old visa stamp if i have sufficient amount to time left for its expiry.
However, I now plan to get married in February 2012 and get my wife to USA on H4 say in the first week of March 2012. As mentioned earlier my company ‘A’ Visa stamp is valid until September 2012. Given the scenario, I have the following questions:
1. Is there a need that i should get visa stamped for company ‘B’ before i have my wife go for her H4 stamping?
2. If i don’t have a Visa stamping for ‘B’, will it in any ways affect the interview during Visa stamping for my wife?
3. If my wife’s visa is still approved, and we travel back on my old visa, Will I face issues during US immigration if i have only around 6 months left for my Visa stamp to expire (note that my new I-797 is valid until July 2013)?
Thanks,
Vaibhav
1. No
2. No, as long as she has documentation from B (payslips, copy of 797, project/client information etc)
3. You won’t face any issues. Visa stamp is used just for entry. Once inside US everything is governed by 797 and I-94.
Hi Saurabh,
Myself and my wife are working for one of the top IT companies in India. H1B visa has been filed for both of us. Even if our H1B visas gets approved, the probability of my wife travelling is very less. Is it possible for me to take her as my dependent even after she gets her H1B? If she comes with me in H4 visa, will the H1B visa that she may possess become invalid? If the H1B visa stays valid, is it possible for her to transfer the H1B visa to some other company in US? In some forums, I read that even though the H4 visa will override the H1B visa, the H1B petition that got approved will stay valid so it is possible to change the status from H4 to H1B even after reaching US. Is this true? Need some insight regarding this. Thanks in advance.
She can travel on H-4 but she would need to get her H-1 stamped. Her H-1 wouldn’t become invalid, but will become kind of dormant. She can later decide to move to H-1 by filing COS from H-4 to H-1. This can be filed either by the same employer holding H-1, or a new employer (in this case it would transfer + COS).
Let me know if you have additional questions.
Hi Saurabh,
Thanks for reply. I have 4 yrs Bachelors in Nursing with(GPA 3.71) and 13 yrs of experience both in clinical (10yrs) and teaching (3yrs) in India , also holding MSc in Applied Psychology with (GPA 3.20).
Thendral
Looks like you are eligible for H-1 from education and experience perspective. You now need to find an employer willing to file H-1 for you for a position matching your skillset.
Hi Saurav,
Currently I am holding H4 visa, in this can I study Masters degree in Nursing through online also I am having valid US RN license for NY state. Could you please let me know after getting Masters degree in online am I eligible to apply for H1B. Appreciate your response.
Thanks in advance, Thendral
What about your Bachelors? Do you have 4 years of college degree or less? Do you have any past work experience?
hi,
i am currently having a work ex of 2.5 years in software industry and on L1 visa working in us.I am getting married in febrauary and have to come back to us eventually on H4.Please let me know how to look out for reliable consultancies for transfering my H4 to H1.
Thanks
janani
The best way to find a credible employer is through your network – people who are already working in US and can vouch for such employers. Next stop is job sites like dice and monster but then you have to do a lot of vetting as not all employers are credible.
Hi,
I have a question regarding H4 to H1 transfer. I am currently in H4 and planning to apply for H1B through an employer. But my husband’s H1b visa is in RFE currently. Would this pose any problems to my H4 to H1b application?
Do you have an unexpired I-94 right now? if yes, then your employer can file for H-4 to H-1 COS. In case your husband’s H-1 is denied and he has to leave US, you would have to do the same. In that case, your H-1 would still be processed, but COS would be abandoned. You will have to get H-1 visa stamped from your home country and then enter US on H-1 to work on that visa.
BTW, when you say that your husband’s H-1 is in RFE, do you mean his extension? Does that mean your extension is also in progress?
Hi Saurabh,
Thanks for your reply.
My I-94 got expired on Aug 2011. My husband’s H1 extension (and my H4 extension) is under progress for which he has received RFE recently. The reply for RFE is due on December 2011.
Meanwhile I am trying to apply for my H4 to H1 transfer through an employer. I want to know if this would be possible as my I-94 got expired and my husband’s H1 extension is in RFE.
Thanks,
Geetha
The employer can still file H-1 for you, but COS may not get approved as your I-94 has expired. If your H-4 extension is approved, and then H-1 COS is filed it would get approved as you would have received a new I-94 by then.
Does that answer your question?
Ok.
Can I start working if I get my H1b approved or is H-1 COS also needed to start working?
If H-1 w/ COS is approved, you can start working from the approval start date mentioned in 797 that would come.
If H-1 is approved w/o COS, then you will have to get H-1 stamped from a consulate outside US (preferably home country) and then enter US to work on H-1. Or employer can file for just COS and you can start working on H-1 based on it’s approval.
Hi Saurav,
Thank you very much for clearify our question related to US travel.
My H1B petition is approved and I am waiting for interview. My wife having B1 visa and currently her passport is not updated as married (same in my passport), and also both of us have not any entry in passport for our baby.
So my question is will this cause any problem to get H4 for her / H1 for me.
—-
Thank you
Best Regards,
Anand
Usually it’s better to have the names updated in the passport, but there are other options as well. You guys should carry marriage certificate, wedding card, album and child’s birth certificate to prove the relationships.
Thats, Gr8 Saurabh… 🙂 Thanks for ur help. I will share my experiance with you.
Hi Saurabh,
I ‘m on H4 Visa . I did my MBA in HR and had work exp. of more than 4yrs. in the same. Could you help me if there are Companies/ consultancies helping in sponsoring H1 Visa in my field.
Thanks..
Most of the H-1 sponsors are in s/w industry. There may be consulting companies that sponsor H-1 for people w/ profile similar to yours, but they may be tough to find. What you can do is go through job sites like dice and monster and see if there are any openings matching your skill-set. You can then contact the employers to see if they provide sponsorship.
hi
My husband is currently working in US and he applied for H1B extension and the process is on going with USCIS….
Now my husband wants to initiate H4 visa for me…. my question here is do we need to wait until his extension process to complete or shall we
shall we proceed with my H4 initiation… please advise whether my H4 visa will get any issue because of this extension process…
For H-4 stamping, you need an approved unexpired H-1 797 petition. Until you have that, you cannot apply for your H-4 visa. As he has filed for extension, I assume his current petition would be expiring soon. So if you go w/ old petition, you will get a visa until the duration of old petition. You can still do pre-work like HDFC receipt etc, but it’s better to attend the interview after the petition has been approved to get a longer duration visa.
Hi,
I plan to marry sometime in Feb 2012. My fiance works in Insurance/Re-insurance with an underwriter. Is there possibility that i could make a transfer from H4 to H1 to get her a job in her field. She has done her MBA in Finance and while in india she did not get a relevant job and had started working in Insurance. Please suggest.
Thanks,
Vaibhav
Most of the jobs in H-1 are available in software industry. So it may be tough (but not impossible) to find employers who provide consulting services in insurance industry. You can search for such employers online and then contact them to find out if they sponsor H-1. To be eligible for H-1, she needs to have at least 16 years of education including 4 years of college degree. It would also be a good idea to get her degrees evaluated by an education evaluation agency in US which could tell you the US degree equivalent.
Thanks for the suggestion Saurabh.
However, are there any good employers that you may want to throw light on, who could be ready for sponsoring such visas. If not, is there a way she could undergo short duration training in the USA itself which could make it easier for her to attain a job and sponsorship?
Any suggestions are appreciated.
Thanks,
Vaibhav.
I know there are consulting companies that sponsor H-1 in software, but I am not aware about insurance sector. Try searching for jobs and employers on job sites like dice, monster. At times, you find sponsors over there. However, you need to be very careful in deciding the employer as not all of them are credible.
Trainings don’t help that much. IMO, education in US helps more but it’s a bigger investment (both financially and time-wise).
My daughter in law is in USA at MN.. . Her qualification BS in Computer Engineering. She had 5 years experience in HP(Hewlett-Packard) at Bangalore and worked in C, C++, Unix Shell, J2EE, Shell Script, Perl, Perl Oracle, parasoft tool and Sybase as well as in the Project HP Data Protector. .She is having H4 Visa. Any AMERICAN COMPANY shall sponsor her visa? Willing to pay the H1B Application fees by us.
Yes, she can search for companies in US who are willing to sponsor her H-1. Usually consulting companies offer sponsorship to applicants who are on H-4 and haven’t done Masters in US. She can search for potential employers either on job sites like dice, monster, career builder or through her professional/personal network. Remember to vet each employer carefully as not all employers are credible.
Legally, H-1 fees need to be paid by the employer.
Hi Saurabh / Kumar,
I have some quick questions. I got my H1 in January 2011, and I quit the job in May, then I started to new job. I am still waiting for my approval.
Question 1: Still waiting can I apply for a new job? Or I should wait for H1B Transfer approval.
Question 2: Can I apply for H4 for my wife now? Or we should wait for H1B Transfer approval.
Thank you.
1. A new employer (3rd employer) can file for H-1 transfer provided you are maintaining legal status i.e. getting paid by the 2nd employer.
2. You can but documentation may be little tricky. Basically you will have to submit old petition as proof that you have approved H-1, payslips from 2nd employer as proof that you are maintaining status and transfer receipt from 2nd employer as proof that you are legally allowed to work for 2nd employer.
Your answers are quite helpful. Thank you Saurabh.
Hi,
I am in big trouble.
I was there in US for 6 months on L2 (dependent of L1B) without an EAD.after 6 months i had to come back to India since my husbands L1B extension got rejected.after being 3 months in India he got H1B and me H4 and entered USA.
I am a B.tech and having work experience of 4.5 years in IT in india.
Now My question is being in US on H4 how soon can i go for applying H1B (through any company or consultancy ofcourse).
Is there a minimum time limit for that? I have heard that I need to stay on H4 for min 1 year and after that only i can go for H1.If so,then will my previous stay of 6 months in US on L2 be counted?
Please help me. Any suggestion would be appreciated.
There is no minimum time you need to stay in H-4 before moving to H-1. Of course people tend to wait for at least 30 days before employer files the H-1. There is nothing like 1 year wait.
Hi,
I came to US on H4 visa, my wife is on H1B valid till 2014. I’m converting to H1 through a consultant. Currently consultant has applied LCA for me. is there anyway to check the status of LCA online?
Hi Sai,
Im also on the same condition as yours.Im on H4 visa and desperately looking for consultants who can file H1 B visa for me.Im having 6 years of IT exp in India.Could you pls provide me some leads of consultants whom we can trust so that i can file my H1B through them.If you can share the details of the one which you choose that would be really apperciatable.
My email Id is sreeji.rr@gmail.com.
Many Thanks
Sreejith
Hi,
I am on H4 too. Can you give me the details of which consultant is ready to do H1.I am looking out for the consultants but unable to find any.
Awating your response.
Thanks
Ananta
LCA approval usually takes 1-2 weeks. However, there is delay on DOL side and it is taking longer these days.
Hi Sai/Srijith,
I am also sailing the same boat(Looking for H4-H1 Visa sponsors).
Can you please share the details if you have anything at your end.
Thanks,
Yarli
First I would like to thank you for giving your valuable time to answer all the quistions, it is greatly appreciated. Offcourse I too have a small quistion 🙂 (since I did not find similar quistion on this forum).
Is there any way to change H1 visa status to L1 visa, so that my wife can come on L2 and can look for some opportunity after getting EAD?
If you are eligible for L-1, then your employer can file for COS. Requirements are:
1. Job should be specialized enough i.e. involve use of tools, applications, technology specifically known/owned by L-1 employer
2. You have worked for L-1 employer for at least 1 year outside US in the past 3 years
Hello,
How are you? I have a question about H4 and F1. I am in USA now on H1B (approved on October 2010). My wife is in Bangladesh and wants to come to wants to come to US on H4 on December 2011 for 5/6 months. She also applied for grad studies for Fall 2012 with scholarship. Now will she have any problem or have enough time converting to H4 to F1 in this time? When she interviews for her H4 in November 2011, how long can it take to get her decision for H4? And last of all, when she changes to H4 to F1 will she has to travel to Bangladesh to get her F1 stamped?
Appreciate your much help.
1. What she can do is initially enroll on H-4 and then file COS to F-1. However, she will have to talk to the school about it. If that doesn’t work then she can file for COS from H-4 to F-1 after entering US w/ start date as semester start date. Processing usually takes 2-3 months.
2. If everything goes fine, her H-4 visa would be issued within a week. If 221g is issued for additional administrative processing, then it may take months.
3. If the COS is approved, then she will be on F-1 from the approval date. She doesn’t need to get F-1 stamped until she leaves US next and want to re-enter and be on F-1.
Hi saurabh,
I appreciate you helping people out with their queries, my question is-
My wife is currently on H4 and we have a employer who is ready to file H1B for her which he says will come by Ja- feb’12, my wife wants to travel back to India in Nov’11 and she will be coming back in Jan’12, my question is –
Will she have to get stamping done from India before re-entering US
Will she have problem coming back to states because her h1 is filed.
thanks
Anmol
I think it should be fine. However note that if her H-1 has already been filed w/ COS and if she leaves US, then her COS will be abandoned. She would continue to remain on H-1 even after petition gets approved.
She may or may not require stamping depending upon what her H-1 start date is (assuming petition has been approved by then) and how close to that date is she entering US. Let’s assume her H-1 start date is 1st Feb 2012. If she wants to be on H-1 and enters on or after 20th Jan 2012, then she needs to get H-1 stamped. If she wants to enter prior to 20th Jan or wants to remain on H-4, then she needs to enter on H-4 (no H-1 stamp).
Hi saurabh,
Thanks for your reply, when you say
“However note that if her H-1 has already been filed w/ COS and if she leaves US, then her COS will be abandoned. She would continue to remain on H-1 even after petition gets approved.”
Do you mean she would continue to remain on H4 even after petition gets approved or is it H1.
also, if suppose her H1 start date is march and she enters US on Jan 20 then would she need a stamping, i am asking this because i am trying to figure out if there is a time limit of how prior to her H1 start date she will have to enter US.
Once again thanking you in advance
regards
Anmol
Yes, I meant H-4.
By my earlier example, I wanted to state that she can enter on H-1 maximum 10 days prior to actual start date. So if H-1 start date is 1st Feb, she can enter on or after 20th Jan on H-1. In your example, if H-1 start date is 1st Mar, she can enter on or after 20th Feb on H-1. These dates are little off as not months are 30 days. You can do the actual math.
Hey saurabh,
Thanks a lot, but i have a different question now, if she leaves to India when her H1 was filed it means she abandons her COS and you are saying she will have to remain on H4 even after her petition gets approved, which means H1 is as good as gone right? So ideally what you are saying is that she should not leave states when her H1 is in filed status right?
thanks
Anmol
Actually No. Her COS would be abandoned, but her H-1 would still be processed and can get approved. What this means is that even when her H-1 gets approved, her status would remain H-4 instead of H-1 (which would have been the case in case her COS was approved). She can then either file COS from H-4 to H-1 or get H-1 stamped from outside US and enter on that visa stamp. This would put her in H-1 status.
Her H-1 wouldn’t be lost, and in either of 2 cases above she doesn’t need to go through the quota again. It can be applied anytime and is not subject to numerical cap or 1st Oct start date.
However, if she wants to be H-1 when her petition gets approved, then she should not leave US.
Does that answer your question?
Hi saurabh,
yes, it does answer my question.
Thnx for your help
Anmol
Hi,
I am on H4 with over 5 years of experience. I have a job offer from my husbands company. However they do not sponsor H1 visas. As of now I am trying to find consultancies who would sponsor visa for me. Is there any other option that I could be looking at as well given the fact that most consultancies have bad reviews on the web?
Thanks in advance
Lakshmi
You can either find another employer willing to sponsor H-1 for you, or you can find a consulting firm that can sponsor your H-1 and then put you at the other company’s site as a contractor. But do you know if the company is willing to hire you as a contractor? And whether they are willing to work w/ any firm (vendor) as not all companies are open to work w/ all consulting firms.
Hi,
Me and my wife both of us working in IT & recently I moved to US. Now I want to bring him in us on H4B but not very sure that is it creates any problem for her in future if she applied for a H1B from India, plz suggest?
It wouldn’t. She may be asked about it during H-4 interview, but she can let the officer know that she plans to be on H-4 and doesn’t want to work. She may also be questioned about your job, employer etc. So ensure that she carries documents related to your employment as well.
Hi Sourabh,
I am on H1B working for a reputed company here, planning to bring my Husband on H4. He has to quit his company back in India as they dont have a LOP understanding his situation.
My husband has got 5 yrs IT experience and we stay in SF bay area, if while on H4 he gets a job from a company, can any employer file H1 for him?
Do we need a specific client letter to apply for H1B?
kindly let me know what would be a better option for him to get a job here and H1 filed…
Thanks in Advance!!!
He can find an employer who is willing to file H-1 for him. Depending upon the employer (consulting, product based etc) client information may or may not be required. It’s almost a must when filing through consulting company and is really not required when filing through US corporations like Google, MSFT etc.