H4 to H1 Educational Equivalency - Visa Stamping

[mayureshs]

My wife is on H1 visa from Oct 2008, before she was on her H4 visa. She had a MBA from India and while applying for her H1 she got approved for education equivalency and her MBA in India is similar to a MS in Information System here in USA. She could thus apply for premium processing. Now she is going for her H1B stamping. Does anyone foresee any issues with this case since she didnt have a MS degree from US. Would any more supporting documents besides her educational certificate and transcripts be required ?
If in case her H1 gets rejected, is her H4 visa still valid can she come to US on her non-expired H4 visa?

[txh1b]

What is her work involved with? Is the employer reputed? If she has the skills that the job needs and a min of Bachelors degree, it is not a problem.

It will be decided based on the job profile, qualifications, employer, experience.

[mayureshs]

Thanks for replying. Her degree in India was Master of Management Studies. Her education equivalence report says that equivalent to Master of Science in Management with major in Management Information Systems. In India she was working as Assistant Manager in Corporate Human Resources and now on H1 she is a consultant and her designation is Business Analyst - HR IS. She is working with a client since Oct 2008 (she got her H1B in Oct 2008)
The employer (Consultancy) has quite a few H1B visa holders employed (including myself)

Also unfortunately if she doesn't get her H1 stamped, can she still come to US of her prior unexpired H4 visa ?

Input would be highly appreciated
Thnx

[txh1b]

She can return on H4 provided the VO does not mark it canceled prior to the interview.

[mayureshs]

How about the previous query paragraph ....

Thanks for replying. Her degree in India was Master of Management Studies. Her education equivalence report says that equivalent to Master of Science in Management with major in Management Information Systems. In India she was working as Assistant Manager in Corporate Human Resources and now on H1 she is a consultant and her designation is Business Analyst - HR IS. She is working with a client since Oct 2008 (she got her H1B in Oct 2008)
The employer (Consultancy) has quite a few H1B visa holders employed (including myself)

Any input ?

[txh1b]

Remains the same as my first reply to your post.

[kc2008]

Change status H4 to H1 and stamping

She can return on H4 provided the VO does not mark it canceled prior to the interview.

Hi,

I have similar queries,

I am currently residing in USA since Jan 2008. I entered in USA on H4 visa (valid till Oct 2010) and then I applied for H1 visa and got approval I-797 and new I-94 valid from Oct 2008 till Oct 2011. So I am currently on H1 status since Oct 2008. However, I am on leave since oct 2008 and I do not have any pay stub.

Now I am planning to visit india next month and wanted to have H1 stamped on my passport during this period to re-enter in USA. Could you please try to help me on below queries?

1. What documents are required for H1 stamping in my case. Do I require to submit Pay stubs. I can obtain other documents from my employer like petition letter-129, employment letter.
2. If H1 is rejected then Can I re-enter in USA with H4 stamp which is still valid till Oct 2010 and valid I-797 and work in USA on H1?

Any help would be appreciated.

Thanks.

[txh1b]

However, I am on leave since oct 2008 and I do not have any pay stub.
.

There is no such thing as leave without pay. Essentially, you are on bench and calling it leave and employer is not paying you. You are out of status and should seek legal help.

Complain to DOL on a WH4 form. Your employer MUST pay you. It is the LAW. These **** leaves/vacations were a thing of the past for USCIS. They know about it now.

[kc2008]

There is no such thing as leave without pay. Essentially, you are on bench and calling it leave and employer is not paying you. You are out of status and should seek legal help.

Complain to DOL on a WH4 form. Your employer MUST pay you. It is the LAW. These **** leaves/vacations were a thing of the past for USCIS. They know about it now.

Thanks for your reply.

Actually I am concerned about my re-entry in US. Please advice me for the same. What options I have.

Regarding Complaining to DOL, If I complain, can my employer cancel my H1 and ask me to go out of US?

[txh1b]

If you were out of status, your re-entry could be a problem if they ask for your previous status proof at POE.

You need to complain to DOL. It provides you certain rights. Firing due to a DOL complaint is illegal as well. Look up Neufiled memo on the forum and read it.