Stamping H4 even if I have H1B

[sdos2005]

Hi,

I'm planning to go India this January 2006. Currently I'm on H4 status, and I have applied for H1B through a contractor. By the time I go, I'll probably have H1B but I may not start working, and I may have problems while stamping visa at US Consulate in India ( with no salary slips). In that case -

- Can I get H4 visa stamped on passport?
- Has anybody got some experience, or knowledge in such cases?
- What other options do I have?

Any help would be greatly appreciated.

Thanks,
Shubha

[veena_swsh]

Hi Shuba,
You are really in a tough situation. If you stamp H4, then your future stamping will be at stake as they can compare the date of H4 stamping and the H1B petition approval dates and ask you why you did not choose to have H1B stamped.
On the other hand without actually working and receiving pay (in accordance with LCA) atleast for 3 months, your H1B stamping might not be successful. In these circumstances it is best that yiu work for the company after your H1B approval and then go for stamping. And is your change of status petition filed or is your H1B a fresh petition from India that requires stamping?

[sdos2005]

Thanks Veena for your response. So it is possible to get H4 visa stamped.

If the issue you mentioned with H4 stamping, than I can think of following options -

- Go India early before I recieve H1B or get H4 stamped. IMy H1B is filed in early Sep 05 and it will take ~ 60-90 days to get H1B.
- Go India in January and get H1B stamped. In that case do I have to have to have salary slips (I can reason out that I have recently joined the company and have not recieved my first salary), or offer letter would suffice.

Let me know if you think of any other options if I plan to go to India.

- Shubha

[sdos2005]

VEENA - TO ANSWER YOUR QUESTION, IT'S NOT H1B PETITION FROM INDIA. I'M ON H4 FOR LAST ONE YEAR, SO I BELIEVE IT WOULD BE CHANGE OF STATUS. WOULD THAT IMPACT STAMPING OF H4 VISA IN INDIA?

THANKS FOR YOUR HELP,
SHUBHA


You are really in a tough situation. If you stamp H4, then your future stamping will be at stake as they can compare the date of H4 stamping and the H1B petition approval dates and ask you why you did not choose to have H1B stamped.
On the other hand without actually working and receiving pay (in accordance with LCA) atleast for 3 months, your H1B stamping might not be successful. In these circumstances it is best that yiu work for the company after your H1B approval and then go for stamping. And is your change of status petition filed or is your H1B a fresh petition from India that requires stamping?[/QUOTE]

[veena_swsh]

Hi,
If change of status petition has been filed, then on approval, you ought to start working for the H1B employer. I would suggest travel to India after approval of H1B and get H1B stamped if your travel can wait.
Or travel now and get H4 stamped without mentioning that your H1B has ever been filed.
Consult an attorney for knowing the best and risk free option.