H4 - H1 - H4 Visa

[sjainin]

Hi,

I came to US in Sep 2007 in H4 Visa and then I got H1 Visa in Oct 2008 but with my bad luck my company laid me off in Jan 2008 as they couldn't find any big project for me. I haven't received any pay stub during the time I was in H1. In the mean time, my husband joined another company in Sep 2008 and had his H1 and my H4 with the new company.

Since I didn't had any pay stub so my lawyers told me I was technically never on H1 because of which I never filed COS.

Questions:
1. I am planning to go to India (only me not my husband) this sept, will it be a good idea to do the stamping from Canada before going to India? or Can I do the H4 stamping from India?
2. Some of my friends have visa stamped with XYZ company but had I797 from ABC company and came to US? Is that possible?

Your help in this regard will be appreciated.

Thanks

[Subramanya]

I came to US in Sep 2007 in H4 Visa and then I got H1 Visa in Oct 2008 but with my bad luck my company laid me off in Jan 2008 as they couldn't find any big project for me. I haven't received any pay stub during the time I was in H1. In the mean time, my husband joined another company in Sep 2008 and had his H1 and my H4 with the new company.

Since I didn't had any pay stub so my lawyers told me I was technically never on H1 because of which I never filed COS.

Questions:
1. I am planning to go to India (only me not my husband) this sept, will it be a good idea to do the stamping from Canada before going to India? or Can I do the H4 stamping from India?

---- Get your visa stamped in India. It may be safe to do so as the VO in Canada can ask you to go to your home country for getting the visa

2. Some of my friends have visa stamped with XYZ company but had I797 from ABC company and came to US? Is that possible?

---- Yes that is not a problem as they may have transferred companies

Subramanya

[sjainin]

H4 - h1 - h4

Thanks for the Reply.

I may be asking this again.
My husband don't have any plans for India this year. Currently, my situation is H4 with XYZ company (visa stamped too )and then H1 visa and then new H4 (I797) with ABC company. During the time I was in H1 I didn't get any pay stub.

1. Is there any place where I can find my my currenct status is? I know I am on H4 visa, but wanted to confirm as I didn't file my COS (or probably I was not suppose too)
2. While coming back, will the H1 visa that I had, will create any problem?

I belive I made the mistake of applying H1 visa at the wrong time. I know and with the last thread I can come to the country with ABC I 797. I am just worried about the H1 that I applied for. Will that cause any problem?

Thanks

Thanks