Applying New H1B from India through a US consultancy

[selva.v.kumar]

Hi,
I am a H1B holder and currently working in US.My wife is working in India. I am planning to file a new H1B for her in Apr'14. I contacted a consultancy here in US to enquire about the H1B processing for her from India.

The consultancy manager suggests me that, it is better to bring my wife to US in H4 Visa and then, he said it would be easy to file H1B.
Though he does not 100% guarantee that she might get H1B visa if we apply from US, as lottery system is involved, he says that, unnecessary questions from immigration can be avoided if we file H1B from US.

He also said, if we file H1B from India, through a small consultancy in US, there are chances that immigration may ask you too many documents, too many questions and may reject you in most cases.

I would like to know from you guys that what would be better idea? Is there any difference in applying H1B from India or from US?

[raghvi]

Hi,
I am a H1B holder and currently working in US.My wife is working in India. I am planning to file a new H1B for her in Apr'14. I contacted a consultancy here in US to enquire about the H1B processing for her from India.

The consultancy manager suggests me that, it is better to bring my wife to US in H4 Visa and then, he said it would be easy to file H1B.
Though he does not 100% guarantee that she might get H1B visa if we apply from US, as lottery system is involved, he says that, unnecessary questions from immigration can be avoided if we file H1B from US.

He also said, if we file H1B from India, through a small consultancy in US, there are chances that immigration may ask you too many documents, too many questions and may reject you in most cases.

I would like to know from you guys that what would be better idea? Is there any difference in applying H1B from India or from US?

What the consultancy manager is saying is partially true but why are they scared of the extra scrutiny as long as they have genuine job and genuine work and genuine pay? Which questions of USCIS/immigration authorities do they feel are unnecessary? Is ensuring that the employer is genuine, has genuine work, has capability to pay the required wages unnecessary? USCIS and US consulates do extra scrutiny of small consultancies do safe guard employee's interests.

I think you should ensure enough protectiveness for your spouse's interest too. What happens if she enter US on H4, file COS (Change of Status) to H1, it gets approved, and then later on this consultancy says they don't have a project for her and cant pay her? What happens then? You have to understand that if your spouse is on H1 and doesn't get paid as per LCA she goes out of status not the employer and it affects your spouse's immigration records not the employer's. There are numerous posts inn this forum and similar forums wherein people have described their plight by such consultancies on **** promises.

This is my opinion not legal advice.

[priya1230]

could u suggest any good consultancies there in US who could be willing to do that?

What the consultancy manager is saying is partially true but why are they scared of the extra scrutiny as long as they have genuine job and genuine work and genuine pay? Which questions of USCIS/immigration authorities do they feel are unnecessary? Is ensuring that the employer is genuine, has genuine work, has capability to pay the required wages unnecessary? USCIS and US consulates do extra scrutiny of small consultancies do safe guard employee's interests.

I think you should ensure enough protectiveness for your spouse's interest too. What happens if she enter US on H4, file COS (Change of Status) to H1, it gets approved, and then later on this consultancy says they don't have a project for her and cant pay her? What happens then? You have to understand that if your spouse is on H1 and doesn't get paid as per LCA she goes out of status not the employer and it affects your spouse's immigration records not the employer's. There are numerous posts inn this forum and similar forums wherein people have described their plight by such consultancies on **** **** **** * promises.

This is my opinion not legal advice.

could u suggest any good consultancies there in US who could be willing to sponsor h1b from there to someone in india?

[maheshmabbu]

**** Indian based consultancy

Hi,

there are some indian based Consultancies in US, they will attract inidan OPT students by offering high pay, they just **** your resume with 7+ or 8+ year of experience and marke your resume with a team of India(these guys will get pay without tax-cheating). I would like to complaint about few consultancies who are doing this. I have proof cause i am a victim. I wont be calm until these guy get punishment by US law.