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Can I delay H1b Stamping, while am in US on B1 post 1st Oct'14?

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  • Can I delay H1b Stamping, while am in US on B1 post 1st Oct'14?

    Hello,

    I have a B1 & am currently in USA & plan to leave back to India by mid April (total stay 64 days - while I have a 6 months stamping). My H1b has also been filed through another company. I will have to come back again for a couple of months on work for my current company in August-September.

    My questions are...
    1. Can I come back to USA in August-September on B1 & can I delay H1B stamping until my B1 I94 expires (6 months after entry in August-September)??
    2. Can my wife get a H4 stamping after 1st October, with me still in B1 status (even though I have an approved H1B)??
    3. I will be visiting India in December - then I plan to get my H1B stamped in India, by then I will have a few pay stubs from my new employer - will it improve my chances of getting my H1B stamping done with ease??
    4. Can I work for the new employer without a H1B stamping? Will just a H1B approval be good enough or does it require a H1B stamping in India??

    Can this be done at all? What are the pros & cons

    Hope to hear your views on this.

    Thanks in Advance to all.  
    Last edited by sjbid; 04-05-2014, 07:11 PM.

  • #2
    Originally posted by sjbid View Post
    Hello,

    I have a B1 & am currently in USA & plan to leave back to India by mid April (total stay 64 days - while I have a 6 months stamping). My H1b has also been filed through another company. I will have to come back again for a couple of months on work for my current company in August-September.

    My questions are...
    1. Can I come back to USA in August-September on B1 & can I delay H1B stamping until my B1 I94 expires (6 months after entry in August-September)??
    2. Can my wife get a H4 stamping after 1st October, with me still in B1 status (even though I have an approved H1B)??
    3. I will be visiting India in December - then I plan to get my H1B stamped in India, by then I will have a few pay stubs from my new employer - will it improve my chances of getting my H1B stamping done with ease??
    4. Can I work for the new employer without a H1B stamping? Will just a H1B approval be good enough or does it require a H1B stamping in India??

    Can this be done at all? What are the pros & cons

    Hope to hear your views on this.

    Thanks in Advance to all.  
    Visa, Status, petition and I-94 are different things.
    1. Yes.
    2. No as you wouldnt have either H1 status or H1 visa in passport, though you have H1 petition, if approved, technically it is not yet "approved" its only approved with consular notification. And only if th econsulate finds it suitable the H1 would be considered "approved".
    3. What do you mean paystubs? You cant have H1 paystubs in US while on B1/B2 visa/status.
    4. In order to work for the employer on H1 either your B1 to H1 Change Of Status has to be approved, OR you should have valid H1 stamped in passport and entered US on the H1 visa along with the employer's H1 petition.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Visa, Status, petition and I-94 are different things.
      1. Yes.
      2. No as you wouldnt have either H1 status or H1 visa in passport, though you have H1 petition, if approved, technically it is not yet "approved" its only approved with consular notification. And only if th econsulate finds it suitable the H1 would be considered "approved".
      3. What do you mean paystubs? You cant have H1 paystubs in US while on B1/B2 visa/status.
      4. In order to work for the employer on H1 either your B1 to H1 Change Of Status has to be approved, OR you should have valid H1 stamped in passport and entered US on the H1 visa along with the employer's H1 petition.

      This is my opinion not legal advice.
      Would like to clarify that since I am getting back to USA on B1 for my current employer. If my H1B is approved ... can I continue to stay beyond 1st Oct & start working for my new employer?? This will mean that I would have not stamped my H1B visa on my passport, but will have in hand the approval for H1B - can I start work for my new employer? If working for my new employer is possible - will having worked for a few months (pay slips) improve my chances of stamping H1B back in India?

      Comment


      • #4
        Originally posted by sjbid View Post
        Would like to clarify that since I am getting back to USA on B1 for my current employer. If my H1B is approved ... can I continue to stay beyond 1st Oct & start working for my new employer?? This will mean that I would have not stamped my H1B visa on my passport, but will have in hand the approval for H1B - can I start work for my new employer? If working for my new employer is possible - will having worked for a few months (pay slips) improve my chances of stamping H1B back in India?
        This is the reason I said earlier, visa, status, petition, I-94 are different things. Merely having an approved petition in hand doesnt allow one to start working with the employer. An associated COS approval needs to be there too.

        In most likelihood, your H1 petition was applied as Consular Process. As you would be re entering on B1, while in US , at that time, you would be in B1 Status, with a B1 I-94. Now even if your H1 was "approved" its only the Petition which would have been approved, and the petition would have stated which consulate you need to go to , to get a H1 visa.

        If you dont want to go back to get H1 stamped and want to move from B1 to H1 while in US, you employer would need to file an amendment , when you are in US, to convert the Consular Process approved H1 to Chane of Status (Change of Status from B1 to H1). USCIS would need valid justification as to why a Consular approved petition needs to be converted to COS. Once this Amendment is approved, you would receive a new I-94 associated with the H1 visa and only then can work for the employer and get paid.

        Also, on B1, I dont understand, how you would be getting US paystubs as its not allowed.

        This is my opinion not legal advice.

        Comment


        • #5
          how long can we delay H1b stamping ?

          I need some help regarding H1B & L1 Visa.

          I have approved H1B Petition with H1 B Sponcer and yet to get the stamping done. Now, my current employer initiated L1 Process to send me to US.

          I have couple questions.

          1. Can i go with L1 B process ? is there any issue as i have approved H1B petition ?
          2. If i travel to US with L1 B, can i delay my h1b stamping (since it is already approved ) for 9 months ?
          3.is there any way to convert to my visa to h1b after travelling with L1b initially ?

          Thanks you for your response.

          Comment

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