H4 to H1 Conversion and Stamping

[samruddhi]

Hi,

I need some help about my h1b stamping.

I came to USA in Feb 2016 on H4 visa with my husband. As I already had pretty decent IT experience in India, I filed for my H1b in April 2016 through one of the employers and got my approved H1 in October 2016.

After couple of months, I joined one project and have been working in the same project since then. As of now my project end date is till 15th Dec 2017 with possibility of extension depending on project requirement.

I have plans to travel back to India in November 2017 due to some family reasons. As part of this trip I will have to get my new h1b visa stamped. I have few questions and would really appreciate if someone could help !!

1. As my contract / project is till 15th Dec 2017 and I am travelling in November 2017, will there be any problem with my visa stamping as project assignment is valid for only next one month?
2. Are there any specific questions being asked in such cases? (For e.g -- How my employer agreed to file for my h1b? etc.)
3. Is there any problem with flying to USA on H4 and the filing for H1b by finding employer on our own?
4. Do I need to carry both vendor letter and client letter while going for an interview?
5. Any suggestions in such cases?

Thanks.

Regards,

Sam

[raghvi]

Hi,

I need some help about my h1b stamping.

I came to USA in Feb 2016 on H4 visa with my husband. As I already had pretty decent IT experience in India, I filed for my H1b in April 2016 through one of the employers and got my approved H1 in October 2016.

After couple of months, I joined one project and have been working in the same project since then. As of now my project end date is till 15th Dec 2017 with possibility of extension depending on project requirement.

I have plans to travel back to India in November 2017 due to some family reasons. As part of this trip I will have to get my new h1b visa stamped. I have few questions and would really appreciate if someone could help !!

1. As my contract / project is till 15th Dec 2017 and I am travelling in November 2017, will there be any problem with my visa stamping as project assignment is valid for only next one month?
2. Are there any specific questions being asked in such cases? (For e.g -- How my employer agreed to file for my h1b? etc.)
3. Is there any problem with flying to USA on H4 and the filing for H1b by finding employer on our own?
4. Do I need to carry both vendor letter and client letter while going for an interview?
5. Any suggestions in such cases?

Thanks.

Regards,

Sam

1. Possible.
2. You can be questioned on that.
3. Don't see why that would be a problem.
4. Advisable to.
5. Carry all possible paperwork.

This is my opinion not legal advice.

[samruddhi]

1. Possible.
2. You can be questioned on that.
3. Don't see why that would be a problem.
4. Advisable to.
5. Carry all possible paperwork.

This is my opinion not legal advice.

Thank you for your reply.Just few more questions about point# 1. What is the minimum duration for which I should be allocated to a project as per the client letter if I am going for stamping? Will it help if client letter says that project allocation is till 15th Dec 2017 with possibility of extension? What is the probability of problems in visa stamping in my case?

Thanks !!

Sam.

[raghvi]

Thank you for your reply.Just few more questions about point# 1. What is the minimum duration for which I should be allocated to a project as per the client letter if I am going for stamping? Will it help if client letter says that project allocation is till 15th Dec 2017 with possibility of extension? What is the probability of problems in visa stamping in my case?

Thanks !!

Sam.

There is no minimum or maximum duration. One of the thoughts behind H1 was that the employer needs you for your specialty skills not available locally and they will pay you even if they don't have work for you and are not dependent on a "end client". It all depends upon the VO how he/she looks at the documentation.

This is my opinion not legal advice.