H4 to H1 COS/visa approved for a fresher. Going to India for visa stamping.

[ak57271]

Hi All,

My wife is on H4 currently and she got her H1B approved this week. She has a master's degree from India and have 6-8 months of Internship experience. Now we are planning to go to India in Sept to attend an important family function.

My query is assuming a scenario that my wife actually left the country before the H1B effective date of Oct 1st.

She will be going to Mumbai for the visa stamping during her vacation. I have heard that now a days it is difficult to get visa approval in India. In her case, what are the chances of visa getting approved given that her employer provides all necessary document and there is no EVC model in her case. She will be directly working for the employer's project.

To summarize my question, Will there be any problem in visa stamping for a fresher applicant who will be working directly for the employer's in house project?

Regards.
AK

[raghvi]

Hi All,

My wife is on H4 currently and she got her H1B approved this week. She has a master's degree from India and have 6-8 months of Internship experience. Now we are planning to go to India in Sept to attend an important family function.

My query is assuming a scenario that my wife actually left the country before the H1B effective date of Oct 1st.

She will be going to Mumbai for the visa stamping during her vacation. I have heard that now a days it is difficult to get visa approval in India. In her case, what are the chances of visa getting approved given that her employer provides all necessary document and there is no EVC model in her case. She will be directly working for the employer's project.

To summarize my question, Will there be any problem in visa stamping for a fresher applicant who will be working directly for the employer's in house project?

Regards.
AK

There are lot of success stories too. As long as you have all the paperwork it should not be a problem. This is my opinion, not legal advice.

[ak57271]

There are lot of success stories too. As long as you have all the paperwork it should not be a problem. This is my opinion, not legal advice.

Hi Raghvi,

Thanks for reply. Another question has just spawned in my mind.

Given that my wife left US before 1st Oct and return with H1B visa in November end. She will actually start working for her employer from Dec 1st week, does she has to pay taxes as per the LCA salary for Oct and Nov as well?

I would appreciate your advise on this.

Thank you,
AK

[raghvi]

Hi Raghvi,

Thanks for reply. Another question has just spawned in my mind.

Given that my wife left US before 1st Oct and return with H1B visa in November end. She will actually start working for her employer from Dec 1st week, does she has to pay taxes as per the LCA salary for Oct and Nov as well?

I would appreciate your advise on this.

Thank you,
AK

Though this is unrelated to Immigration; in my opinion one pays tax only when one earns an income. She has to pay tax from the time she is earning income i.e. Dec 1st Week. This is strictly my opinion not legal advice.

[ak57271]

Though this is unrelated to Immigration; in my opinion one pays tax only when one earns an income. She has to pay tax from the time she is earning income i.e. Dec 1st Week. This is strictly my opinion not legal advice.

Thank you so much Raghvi. Your advise is appreciated.

Best,
AK

[NewLife]

Hi,

I had a question regarding H4 to H1. Can you give me some information regarding the consultancy your wife used to file her H1 please. I am also on H4 and looking for consultancies who can file for my H1.

Hi All,

My wife is on H4 currently and she got her H1B approved this week. She has a master's degree from India and have 6-8 months of Internship experience. Now we are planning to go to India in Sept to attend an important family function.

My query is assuming a scenario that my wife actually left the country before the H1B effective date of Oct 1st.

She will be going to Mumbai for the visa stamping during her vacation. I have heard that now a days it is difficult to get visa approval in India. In her case, what are the chances of visa getting approved given that her employer provides all necessary document and there is no EVC model in her case. She will be directly working for the employer's project.

To summarize my question, Will there be any problem in visa stamping for a fresher applicant who will be working directly for the employer's in house project?

Regards.
AK