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Applying H4. Currently working in an Indian IT company.

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  • Applying H4. Currently working in an Indian IT company.

    Hi, My spouse has got his H1 stamped recently. He will be flying in december 2013. We would like to apply for my H4 visa before he leaves.
    What would be the required duration for H4 visa to get stamped ?

    I am currently working in an IT company as a software developer with 5 years of exp. Do i need to get any approval from my current company ?

    I would like to convert my H4 to H1 once I reach in the U.S.
    How much time it would take for me to get this converted (if i am lucky to find a H1 sponsor :P) and what is the process ? Is there any specific duration in which ppl opt for H4 to H1 conversion.

    Thanks in advance.

  • #2
    Originally posted by priyanka8275 View Post
    Hi, My spouse has got his H1 stamped recently. He will be flying in december 2013. We would like to apply for my H4 visa before he leaves.
    What would be the required duration for H4 visa to get stamped ?

    I am currently working in an IT company as a software developer with 5 years of exp. Do i need to get any approval from my current company ?

    I would like to convert my H4 to H1 once I reach in the U.S.
    How much time it would take for me to get this converted (if i am lucky to find a H1 sponsor :P) and what is the process ? Is there any specific duration in which ppl opt for H4 to H1 conversion.

    Thanks in advance.
    You dont need approval from current company. If you are contractually obligated to serve a notice period you will have to do so.

    Even if you get an H1 sponsor the earliest you can move from H4 to H1 is Oct 2014. The H1 employer has to file a H1 petition as H4 to H1 COS for you on 01-Apr-2014 and if approved you have to start working with H1 employer and get paid as per LCA from the H1 start date.

    There is no specific duration within which you have to do a H4 to H1 conversion but yes, once you do the conversion you have to work to maintain H1 status.

    This is my opinion not legal advice.

    Comment


    • #3
      Applying H4. Currently working in an Indian IT company.

      Originally posted by raghvi View Post
      You dont need approval from current company. If you are contractually obligated to serve a notice period you will have to do so.

      Even if you get an H1 sponsor the earliest you can move from H4 to H1 is Oct 2014. The H1 employer has to file a H1 petition as H4 to H1 COS for you on 01-Apr-2014 and if approved you have to start working with H1 employer and get paid as per LCA from the H1 start date.

      There is no specific duration within which you have to do a H4 to H1 conversion but yes, once you do the conversion you have to work to maintain H1 status.

      This is my opinion not legal advice.
      Thanks for your prompt response. . Some companies say that, they need NOC/ Leave approval from your current company, but, I have got mixed opinions on this.
      Hence, the question

      Well, I do need to serve notice period. But, is it advisable to attend the H4 visa interview before i put my papers down. I have read certain threads, in which the candidate mentions to the Visa Officer that they will resign once the visa is stamped. Is this a risky answer ? What would be the safest option?

      Apart from this, I do have a Valid B1 visa. Would it risk my H4 ?
      Last edited by priyanka8275; 10-24-2013, 03:42 AM.

      Comment


      • #4
        Originally posted by priyanka8275 View Post
        Thanks for your prompt response. . Some companies say that, they need NOC/ Leave approval from your current company, but, I have got mixed opinions on this.
        Hence, the question

        Well, I do need to serve notice period. But, is it advisable to attend the H4 visa interview before i put my papers down. I have read certain threads, in which the candidate mentions to the Visa Officer that they will resign once the visa is stamped. Is this a risky answer ? What would be the safest option?

        Apart from this, I do have a Valid B1 visa. Would it risk my H4 ?
        Consulates don't need NOC/Leave approval from private companies, yes if you are working for a Govt body consulates sometimes want to see leave approval/NOC.

        Its perfectly right to say that one will apply leave/resign after getting the visa. After all, if visa is rejected one should have a job to go back to.

        No issues. One can hold multiple visas together such as B1 and H4.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Consulates don't need NOC/Leave approval from private companies, yes if you are working for a Govt body consulates sometimes want to see leave approval/NOC.

          Its perfectly right to say that one will apply leave/resign after getting the visa. After all, if visa is rejected one should have a job to go back to.

          No issues. One can hold multiple visas together such as B1 and H4.

          This is my opinion not legal advice.
          Great. Well, I was thinking of one more option. Suppose that, I am in the U.S. on H4 visa and have found a H1 sponsor ->

          Can i apply for H1 while in U.S ?
          After the application, can i travel back to India after applying for H1 from U.S. ( still on h4 ) ?

          OR

          Can I travel to India on H4 and then since i have found a H1 sponsor, i should apply for H1 from India ?

          Comment


          • #6
            Originally posted by priyanka8275 View Post
            Great. Well, I was thinking of one more option. Suppose that, I am in the U.S. on H4 visa and have found a H1 sponsor ->

            Can i apply for H1 while in U.S ?
            After the application, can i travel back to India after applying for H1 from U.S. ( still on h4 ) ?

            OR

            Can I travel to India on H4 and then since i have found a H1 sponsor, i should apply for H1 from India ?
            Yes you can apply while in US. You don't need visa to leave US, you only need one to enter US. So if you want to enter US on H1 you should have valid H1 stamping.

            As for your travel back and forth, you are asking a hypothetical question without putting in the dates. A lot depends upon how H4 to H1 is filed, on what date, whether it is approved or not, when you travel out of US, when you plan to travel back etc.

            This is my opinion not legal advice.

            Comment

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