H4 to H1 - Need help !!!

[kram2usa]

Hi,

My spouse is currently on valid H1 and travelling to US next week on behalf of an Indian based IT company. My H4 is currently under processing and expecting a stamping date in next two weeks. A company X from US has agreed to sponsor an H1 for me if I travel to USA on H4 before April 1st, 2013. But, I am little worried as I could not make my separation smooth from my current employer if I plan to travel before April 1st.
So, I am trying to convince the employer X to file my H1b petition on April 1st, 2013 as planned. So, that I can travel in 3rd week of April, before I know the result of petition approval. I have few questions here

1) When I have a valid H4 and the employer X is filing for H1 on April 1st 2013, can I travel to US on H4 before the result of H1b petition approval is disclosed? If yes, after travelling on H4, if my H1b petition is approved, can i start working with employer X from October 1st 2013 with a COS ?

2) Is there any reason, why the employer X is insisting me to travel on H4 before April 1st 2013, and be in US until the result of petition is known?

3) Does approval of H1b petition for an H4 holder (having proper USA residence address) have an edge over the H1b petitions filed with an Indian residence address?

Please help in this aspect. I am really in a confused state for past few months. Appreciate any kind of help on this !!!

Thanks Much.

[kram2usa]

Hi,

My spouse is currently on valid H1 and travelling to US next week on behalf of an Indian based IT company. My H4 is currently under processing and expecting a stamping date in next two weeks. A company X from US has agreed to sponsor an H1 for me if I travel to USA on H4 before April 1st, 2013. But, I am little worried as I could not make my separation smooth from my current employer if I plan to travel before April 1st.
So, I am trying to convince the employer X to file my H1b petition on April 1st, 2013 as planned. So, that I can travel in 3rd week of April, before I know the result of petition approval. I have few questions here

1) When I have a valid H4 and the employer X is filing for H1 on April 1st 2013, can I travel to US on H4 before the result of H1b petition approval is disclosed? If yes, after travelling on H4, if my H1b petition is approved, can i start working with employer X from October 1st 2013 with a COS ?

2) Is there any reason, why the employer X is insisting me to travel on H4 before April 1st 2013, and be in US until the result of petition is known?

3) Does approval of H1b petition for an H4 holder (having proper USA residence address) have an edge over the H1b petitions filed with an Indian residence address?

Please help in this aspect. I am really in a confused state for past few months. Appreciate any kind of help on this !!!

Thanks Much.

Any help on this would be highly appreciated !!! Please help !!!

[kadkhiq81]

H4 to H1 - Need help !!!

Hope, We are sailing in the same boat. Here is my understanding from what I learned and heard.

1.Yes, H1 & H4 are two different petition and you are on a correct direction to proceed further.

2. It does not make any sense to me but you need to ask that employer x for the reason.

3. Nothing that I am aware of however Sr Member could throw some light on this.

Best wishes.

[raghvi]

1. Yes.
2. If you travel on H4 before 01-April-2013, as and when the H1 quota opens on 01-Apr-2013 the employer can file H4 to H1 as COS. And if approved, you would not need to attend the H1 interview till the next time you leave US.
I am assuming the quota for this year will get over pretty quickly so employer wants to ensure that you are part of the quota. if employer applies H1 for you while you are in India they can apply only as Consular processing thereby needing you to leave US (after entering on H4) in order to get H1 stamping or employer filing an amendment to convert Consular Processing to COS. To avoid all this mess, and the risk of rejection in H1 interview, the employer would want you to reach US on H4 and subsequently apply H4 to H1 as COS before quota gets over.
3. With Indian address it becomes consular processing, needing you to attend h1 interview at a consulate in India, and with a US address it is a COS (as you are moving from H4 status t h1 status).

This is my opinion not legal advice.

[kadkhiq81]

H4 to H1 - Need help !!!

Raghvi,

Thank you very much for your detailed response.

As you have mentioned in your second point,if the employer applying an amendment to convert consular processing to COS, Do we still have to go for H1 stamping in home country after entering on h4 initially? Is this complicate to do so?

I came here last month and could not apply h4 for my wife as I do not have three pay slips. Planning to process my wife h1 while she is India and would process her h4 once I get three month pay slips. Could you please direct me the best way to do this and please let me know if you see any complication in the process that we are trying to do.

May I kindly request you to respond to this Raghvi..Pls...

[raghvi]

Raghvi,

Thank you very much for your detailed response.

As you have mentioned in your second point,if the employer applying an amendment to convert consular processing to COS, Do we still have to go for H1 stamping in home country after entering on h4 initially? Is this complicate to do so?

I came here last month and could not apply h4 for my wife as I do not have three pay slips. Planning to process my wife h1 while she is India and would process her h4 once I get three month pay slips. Could you please direct me the best way to do this and please let me know if you see any complication in the process that we are trying to do.

May I kindly request you to respond to this Raghvi..Pls...

Amending Consular Processing to COS is possible but its at the discretion of USCIS. Further there is the additional lawyer cost and additional fees for converting Consular Processing to COS so employers generally avoid it.

As I mentioned from employers point they prefer to do a COS so as to avoid rejection chances as well as travel required out of US. But the issue in your case as well as kram2usa case is that the time between entering on H4 and H1 quota getting over cannot be predicted so if you delay the travel on H4 too much the H1 quota might get over by then and if you file H1 before H4 travel then you end up needing to do consular processing.

Honestly, I dont see a fool proof solution. If one can make it to US before 01-April-2013 to US then advisable to file a COS. If not , advisable to go for H1 stamping and enter US on H1 around 01-Oct-2013.

This is my opinion not legal advice.

[kram2usa]

Thanks Raghvi..my H1 got approved !!!

Amending Consular Processing to COS is possible but its at the discretion of USCIS. Further there is the additional lawyer cost and additional fees for converting Consular Processing to COS so employers generally avoid it.

As I mentioned from employers point they prefer to do a COS so as to avoid rejection chances as well as travel required out of US. But the issue in your case as well as kram2usa case is that the time between entering on H4 and H1 quota getting over cannot be predicted so if you delay the travel on H4 too much the H1 quota might get over by then and if you file H1 before H4 travel then you end up needing to do consular processing.

Honestly, I dont see a fool proof solution. If one can make it to US before 01-April-2013 to US then advisable to file a COS. If not , advisable to go for H1 stamping and enter US on H1 around 01-Oct-2013.

This is my opinion not legal advice.

Thanks raghvi for your detailed help.
My h1b got filed under premium processing and got approved on May 10th 2013.
But, now I am worrying about my H4 stamping. I didnt go for H4 stamping due to several reasons. Now, I got h4 stamping date on May 20th, 2013. I have below two questions.

1. While filling DS 160 form, I answered 'NO' for the question "Does any one every filed you any other visa?" to avoid making the process complex. Actually by that time I just got my h1 filing number. But now by the time I attend interview H1b got approved. So, I worry if it has any impact on my h4 visa stamping. Please suggest what would be the best way to answer incase of any questions around this.

2. I got to know that one of the following 3 documents is mandatory to produce during visa interview for a working dependent.

a. NOC from current company that they dont have any objection to proceed with my h4 stamping (as my current company doesnt have any role in sponsoring and processing this h4)
b. Resignation acceptance letter
c. Leave letter

My employer is very much reluctant to give any NOC. It seems they never gave such NOC to anybody.
Resignation acceptance letter can be obtained only after serving complete notice period. So, its very difficult to get resignation acceptance letter at this point of time. Moreover I havent yet resigned from current company.
Leave letter initially sounds good. But, again I am not sure if employer have any format/template to give a leave letter with company logo, header and stamp.

Can you please help if any kind of these documents are really required for a working dependent? If so, how important are these documents in deciding visa approval chances?

Thanks much.

Kram2usa