H1B stamping after F1 to H1 COS and changing employer

[heet_pink]

Hi,

I came to US on F1 visa in Aug 2007 and completed my masters. I was on OPT and then converted my status to H1B in Oct 2010. After my H1 approval I did not travel to India and so I do not have H1B visa stamped on my passport. I have changed my employer meanwhile in March 2013 and the new employer extended my H1B visa till March 2016. Now I am planning to go to India and get my H1B stamped.

1. What kind of questions VO can ask since I changed my status from F1 to H1b and also changed the employer?
2. Will there be any problem since I do not have H1B visa stamped from my previous employer?
3. Are there chances of H1B rejection if I am on H1B status since last 3 and ½ years and never went to India for H1B stamping?
4. I did not go to India in almost 5 years, because of study and work. Now I am planning to go. What should I answer VO if he asks me such kind of question?

Thanks,
Sneha

[raghvi]

Hi,

I came to US on F1 visa in Aug 2007 and completed my masters. I was on OPT and then converted my status to H1B in Oct 2010. After my H1 approval I did not travel to India and so I do not have H1B visa stamped on my passport. I have changed my employer meanwhile in March 2013 and the new employer extended my H1B visa till March 2016. Now I am planning to go to India and get my H1B stamped.

1. What kind of questions VO can ask since I changed my status from F1 to H1b and also changed the employer?
2. Will there be any problem since I do not have H1B visa stamped from my previous employer?
3. Are there chances of H1B rejection if I am on H1B status since last 3 and ½ years and never went to India for H1B stamping?
4. I did not go to India in almost 5 years, because of study and work. Now I am planning to go. What should I answer VO if he asks me such kind of question?

Thanks,
Sneha

1. Standard questions asked to any H1 employee http://www.immihelp.com/h1b-h4-visa-experiences/
2. I dont see any issues as long as you have maintained valid F1, H1 status all along, and as long as your current employer is genuine.
3. Not beign to India for 3.5 Years for stamping wont be a reason for your h1 B rejection. If at all H1 B is rejected it would be if your employment is through multiple layers, where in its difficult to establish employer employee relationship OR the employer is not considered genuine (if some pending complaints against the employer) or the work is not genuine (internal phony projects/no end client letter) etc.
4. I dont think VO will question you not going to India for so long as long as you have maintained valid status all along.

This is my opinion not legal advice.

[psr_psr]

Hello Friend

Hey friend, hope you are doing good!

I am in the same boat as you were.Could you please suggest what questions were asked and how did it go in your case.

Will be really helpful with your experience shared.