H1 Directly or H4 - H1. which is better

[ks_reddy]

Sorry for the long question. I hope you will be able to help me in my situation.

1. I have H1B selected for the year 2008 – 2009 quota through consultancy A. My consultancy has sent me all the documents (offer letter, letter to embassy, I-797, I-129, LCA and other company related tax related documents). My I-797 has POE as “Mumbai” and my consultancy told me to attend the interview at Mumbai itself. I am working in Bangalore.
I have applied for H1B in the last year through consultancy B and it got rejected in Chennai Embassy in February 2008. First there was a query when I attended in November 2007, and after I submitted the company related documents in January 2008, it got rejected in Feb 2008 mentioning company does not satisfy rules according to US laws and regulations.But there was no stamping on my passport that it is rejected.

Will there be a problem for me now if I attend the interview in Mumbai embassy?

2. One more thing is I got married one month back and my husband is back in US now.
He is in US from past 1 year on H1B from Wipro, Chennai branch. He came for the marriage and went back again. Last week he has sent me all the related documents for H4 interview.

If I go to Chennai for my H4 interview, Will the Chennai embassy people know that I have already H1 approved for this year? If so will they question why I came on H4 and cancel my current H1B notification as I came with H4? Or are there any chances that there could be a problem for my H4 bcoz of my current year H1. Or does my last year H1 rejection have any impact on my H4.

3. My consultancy also told that I can come on H4 and then change the COS to H1 as I have H1 approved for this year. If I come on H4 now, how much time does it take to change the status to H1? What could be the minimum and maximum time does this take? Will the consultancy charge anything to do the COS? If so how much could that be?

I need your valuable suggestion in this. I am in a little tricky situation on which to attend the visa. Is it better to go on H1 directly or going on H4 and then changing the COS to H1?

Can you let me know which is better option for me.

Thanks
KSR

[ks_reddy]

H1 Directly or H4 - H1. which is better

Hi All,

Can someone help me in this issue.

Thanks
KSR

[ks_reddy]

H1 Directly or H4 - H1. which is better

can some one in the group answer my query please and help me in taking a better decision.

Thanks
KSR

[orion]

1. You HAVE TO goto chennai due to where you live, or risk being redirected to chennai which will make things even more difficult later on.

2. People in the any american consulate all over the world will have all the information about your visa application and rejection history. It is your choice if you want to go for H1 or H4. For H1 you and your sponsoring company must qualify all USCIS rules and standards. If you apply through a company set up in a home with 4 employees all of whom are members of a family, chances will be slim. Also, if you are a MA in literature of a vernacular language and apply for a software engineer position, chances will be slim. To get H4 your husband and his company must qualify, and you must have his recent paystubs.

3. H4 to H1 COS is possible, your company must not charge you anything, if it does, its illegal and fraud. You must work and get paystubs at all times from the day you are on H1.

[ks_reddy]

H1 Directly or H4 - H1. which is better

thanks a lot for the answers.
i have decided to go to chennai itself for the visa processing.

in the form I-129 the no. of employees mentioned is 22. I guess the consultancy is a small sized one. I have 4 years of exp in .net technology. I will try out my luck at chennai this time.
how much maximum and minimum time does it take to do the COS from H4 - H1 if i go to US on H4?