H1 Visa Information

[Aishwaryav]

Hi Admin,

I would like to give you a detailed information about my case so that you could help me.I am in dire need of suggestions.
I went to USA in the month of September 2013 on B1 visa I was in USA on B1 visa and back in January.Later i got married to a person from the same company.My Employer already applied for my H1 by then(April).I went to USA on H4 visa(June).My H4 visa was valid for only 3 months(as my Husband's H1 got expired on Oct 1st 2014) and it got expired on October1st 2014.But by then my H1 got approved and I had to attend Interview at Hyd consulate on September 19th 2014.I was given white slip and asked to submit documents.I was really confused and tensed during my Visa interview.The VO asked for the clients I told the clients name but did not mention that My company work as a secondary contract for those projects.She asked me for those client letters and i told i did not have any as We support Clients from my office location only.She saw for the company information and told my company is a consulting company but its not a consulating company i explained it to her.Then she asked me if i was on H4 visa i told her Yes I was.She asked me why was I on a H4 visa and that too for shorter duration.I gave her my explanation.She asked if my Husband also works for the same company i told Yes and I told that he is working there from Past 3 years.She asked me how i know about this company I told her that i worked for the same company in India for 1 year 8 months.
The VO seemed to be very confused,and she told my visa needs administrative processing and handed me a white 221g slip with nothing marked only case Number written and handed all my documents back.She did not keep a single document with her.
.I waited for a mail from Consulate for a day as i didnot receive it I called support-UStravel docs and told my situation they asked me to send them a mail with my details and attaching 221g slip I got a reply within 2 days from Support-US travel docs to submit client related documents which i submitted on September 24th 2014.

Note: Both the companies in India and in USA are managed by the same person but with two different Names.


My question is:
1.As it is more than a month is my B1 visa still valid.can i go on a B1 visa until my H1 case is processed is it advisable? Is my B1 visa valid?As i travelled on a H4.
2.Should my Employer had to apply for COS as my H1 visa process was initiated first and then i went on a H4 visa.
3.As I and my Husband work for a same company(Desi small firm but with very prestigious projects) is this causing any problem.
4.Is my Visa conditions too complicated?

[raghvi]

Hi Admin,

I would like to give you a detailed information about my case so that you could help me.I am in dire need of suggestions.
I went to USA in the month of September 2013 on B1 visa I was in USA on B1 visa and back in January.Later i got married to a person from the same company.My Employer already applied for my H1 by then(April).I went to USA on H4 visa(June).My H4 visa was valid for only 3 months(as my Husband's H1 got expired on Oct 1st 2014) and it got expired on October1st 2014.But by then my H1 got approved and I had to attend Interview at Hyd consulate on September 19th 2014.I was given white slip and asked to submit documents.I was really confused and tensed during my Visa interview.The VO asked for the clients I told the clients name but did not mention that My company work as a secondary contract for those projects.She asked me for those client letters and i told i did not have any as We support Clients from my office location only.She saw for the company information and told my company is a consulting company but its not a consulating company i explained it to her.Then she asked me if i was on H4 visa i told her Yes I was.She asked me why was I on a H4 visa and that too for shorter duration.I gave her my explanation.She asked if my Husband also works for the same company i told Yes and I told that he is working there from Past 3 years.She asked me how i know about this company I told her that i worked for the same company in India for 1 year 8 months.
The VO seemed to be very confused,and she told my visa needs administrative processing and handed me a white 221g slip with nothing marked only case Number written and handed all my documents back.She did not keep a single document with her.
.I waited for a mail from Consulate for a day as i didnot receive it I called support-UStravel docs and told my situation they asked me to send them a mail with my details and attaching 221g slip I got a reply within 2 days from Support-US travel docs to submit client related documents which i submitted on September 24th 2014.

Note: Both the companies in India and in USA are managed by the same person but with two different Names.


My question is:
1.As it is more than a month is my B1 visa still valid.can i go on a B1 visa until my H1 case is processed is it advisable? Is my B1 visa valid?As i travelled on a H4.
2.Should my Employer had to apply for COS as my H1 visa process was initiated first and then i went on a H4 visa.
3.As I and my Husband work for a same company(Desi small firm but with very prestigious projects) is this causing any problem.
4.Is my Visa conditions too complicated?

The overall structure of the company looks as if it indeed is a small consulting company. Where is your spouse currently ? Was his H1 extension applied and approved?

1. Why would you want to use your B1, if your spouse is in US on H1 then advisable to get a new H4 and use it.
2. As you were out of US in April 2014, they would have initially applied consular processing. But as you went to US and were in US on H4 they could have tried H4 to h1 COS in premium.
3. Yes sounds like.
4. Can't say for sure, it certainly appears confusing with many layers, husband wife in same small company etc., the challenge becomes to provide the client letters and contracts for all intermediate layers. Also, I would suggest you also try to remove those layers by trying to join the client directly, the more the layers the larger is the chance of rejection by USCIS as it becomes difficult to ascertain who actually controls your work, promotion, firing etc.

This is my opinion not legal advice.