Come to US in H4 after H1b is approved

[gkrishn]

I am in US on L1 visa with compnay "A" and company "B" is processing my H1b visa. My wife is on H1b visa.
My assignment is over this month and I am going back to India .And i would like to come back when my H1b is approved ,and ready for work.

My employer "B" insist they dnt want me to do H1b stamping in India .

q) Any idea whats the challenge in getting H1b stamped in India ?
q) Can I apply for H4 while i am in India and come back to US when my H1b is approved ?
q) Any other options I have ?
(I am trying to buy more time in India since i have a business to take care of ).

[peace999]

stamping from India ; you MAY get caught in admin. processing which may or may not take some time. But that can happen with any kind of visa.
In fact an H1 stamp is always better than change of status in US as you can re enter US after a travel when you have a stamp
but not when you have a change of status.
Yes, you can apply for an H-4 based on your wife's H-1 but again you will have to get status changed in US to H-1.

Are you sure the employer B is an established employer?

[raghvi]

I Agree with Peace. seems the employer is not willing to face the consulate's screening regarding their petition. At the consulate many times the visa officer seeks to see the client letter and employer specific documents so maybe your employer doesnt have those genuine documents. If you have an inkling of such a thing about your present employer, would suggest you find a more trustworthy an genuine employer. And if you cannot, better to avoid going for stamping with such a case.



This is my opinion not legal advice.

[gkrishn]

stamping from India ; you MAY get caught in admin. processing which may or may not take some time. But that can happen with any kind of visa.
In fact an H1 stamp is always better than change of status in US as you can re enter US after a travel when you have a stamp
but not when you have a change of status.
Yes, you can apply for an H-4 based on your wife's H-1 but again you will have to get status changed in US to H-1.

Are you sure the employer B is an established employer?

Yes, and they have a track record of grabbing 30 H1Bs every year. so i think they have good reputation .

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Thanks @peace @Raghvi for your suggestions.

What would be the case if i got back to India, and my H4 is under process and same time my H1b get approved in US .

Can i still go ahead and get my H4, come to US, and apply COS to H1B ? Just trying to make sure I dnt lose H1b because of my H4 under processing.

Thank you

[peace999]

I am just wondering why would they not let you apply for an H-1b in India?

Applying for an H-4 in India , then COS in US. what is the point.

wait for your H1b approval in India and apply H1b direct instead of an H-4

[raghvi]

I agree with Peace. If they have such a good track record why worry about a visa stamping interview?

This is my opinion not legal advice.