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Which consulate is the best bet for H4 to H1 change of status?

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  • Which consulate is the best bet for H4 to H1 change of status?

    Well by god's grace I got my H1B and now eligible to work from Oct 08.
    I have a close relative's marriage to attend to in India in the month of November . As you are aware that my H4 will become invalid & H1B will kick-in from October 1st 2008, in the event I leave US I should have H1B Visa on my passport to get into the country. For this purpose, I have planned to go to either Mexico or Canada for stamping, however to my dismay I haven't been getting any open dates for appointment in either of the countries for Oct/Nov. Due to which I have thought of going to my home country India for stamping. (My husband's Visa-H1B has to be extended too).
    1) Is it the right decision to go to home country for stamping?

    2) Which consulate is the best bet(New Delhi/Chennai) for H4 to H1 change of status? Success rate??

    3) Considering my situation - if i go for an appointment during Oct last week - am i considered to be on leave - am i expected to get pay stubs - what documents are required for proof of employment etc(if you can think of any other questions here please fill up). I am out of fuel

    4) Do we (my husband & I) apply for interview separately(his being H1B extension & mine ofcourse H4 --> H1B COS) or together?
    With little research that I have done I was suggested to apply separately: me first followed by my husband within a gap of few days... in case my Visa gets to an issue.. actually don't want to use the word refusal/flagged/rejected then I can apply for H4 with him & get back to US( my common sense says not necessary in that order... even if mine would get rejected.. i can apply for H4 later... can spend more time in India..with family hurray:-) .. but away from husband :-( im sad) and later come to US on H4(if approved) and apply for COS to H1B. (I heard it takes couple of days for processing and I wold be back on H1B).

    5) What questions do I prepare for the interview?

    6) Last option being I do not go to India at all... start working here generate enough pay stubs, confidence etc and then go for stamping may be some good day!

    Eagerly waiting for your reply!!


  • #2
    Originally posted by pushymuskaan
    As you are aware that...
    How are forum members supposed to be aware of this?

    1. Yes.
    2. Where is your home? North or South?
    3. For all time you remained in US after 1Oct08, paystubs are needed. Fill up with questions??? Pay me first
    4. Going separately is recommended. Any order is fine. Yours is not a COS if you go for CP, it'll be the same like a new H1 visa stamping.
    5. Find out on the web, there are many pages available.
    6. Excellent idea.


    • #3
      1. If your employer is decent and you have a job, nothing wrong about it. If it is a consulting company faking a job, you need to worry about stamping anywhere.

      2. There are no success rates associated with the consulates. Chennai probably processes 4 times that of any other consulate in India and hence the rejections, if any could be more in number than compared to other consulates. They all scrutize the applicants similarly.

      3. This leave/vacation business is fraud. Your employer promised USCIS that they have a job awaiting you from Oct 1st and they neeed to employ and pay you. That is the law.

      4. Order does not matter however, your reasoning makes sense as per your plan.

      5. Immihelp home page has tons.

      6. Your choice!

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.