H4 questions

[shanx]

hi..

I had a valid H1B for last 3 years which expired a couple of months ago. I had been working in the US on the H1B. Currently I am back in India and next month I am going for H4 stamping in Chennai consulate, along with spouse for H1B. I would like to know if

1. the fact that I had a H1B before would affect the H4 visa stamping...am I more/less likely to get the visa stamped?
2. if I were to get H4 stamped and travel to the US and find employer to file for H1B, would it be a new H1B filing or a COS?
3. If I were to file for COS from H4 to H1, would that still come under the quota or would it possible for me to get H1 with a work start date prior to Oct 2007?
4. If it were a new H1B, would I still come under the cap or be exempted as in the last 6 years I have held a H1B?

I know there are too many questions...appreciate any info...

thanks

[shanx]

any info please on the questions....

hi,

can anyone help with these questions....

thanks

[Subramanya]

Visa Queries

I had a valid H1B for last 3 years which expired a couple of months ago. I had been working in the US on the H1B. Currently I am back in India and next month I am going for H4 stamping in Chennai consulate, along with spouse for H1B. I would like to know if

1. the fact that I had a H1B before would affect the H4 visa stamping...am I more/less likely to get the visa stamped?

---- NO, the previous H1 does not have any bearing on your present application for H4 visa stamping

2. if I were to get H4 stamped and travel to the US and find employer to file for H1B, would it be a new H1B filing or a COS?

---- It will be a COS since you had your H1B in the last 3 years and the 6 year period is not yet completed

3. If I were to file for COS from H4 to H1, would that still come under the quota or would it possible for me to get H1 with a work start date prior to Oct 2007?

---- You should have a H1 with a work start date before Oct. 2007. You may want to check with an experienced attorney to further confirm this matter and the legalities in applying for a H1 in this context

4. If it were a new H1B, would I still come under the cap or be exempted as in the last 6 years I have held a H1B?

---- You would come under the 6 year rule and your previous 3 years will be counted as already being completed and the next H1 will be for a period of 3 years max.


Hope this helps. Else visit the forum

Subramanya

[shanx]

thanks

thanks a lot...your reply has been very helpful ....