H4 and then H1 Stamping Confusion??

[H1Lucky]

Hi Seniors,

My wife has a last year H1B approved(not applied as COS) from company A since 2008 but she never used that as she was working on L1B.
She was on valid status in her total 3 years stay.

As market condition was not good so we have decided to bring her on H4 and we have taken H4 stamping date @ Mumbai consulate.Now her employer is telling that they have a internal project and want her to come on H1B.

Based on that i have following concerns -

i) We can not cancel her H4 stamping appointment because in mumbai consulate you can only cancel interview before 5 days.What to do now??

ii) Empolyer is telling that after H4 stamping she can go for H1B stamping.As she is already in home country it's better to go for stamping and enter with H1B otherwise later on she has to go again out of USA for H1B stamping.

But my concern are -
a)Doing H4 and H1 staming will make sense/good impression in front of visa officer??

b)VO will definitely ask that if she was having H1B then why she stamped H4 and after stamping H4 with in 15 days why she is coming for H1 stamping?

c) is it safe/better option to enter with H4 and after entering USA file change of status H4 to H1?? or better to stamp H1 now and come?

d) As her employer is calling her on internal project, they have given project details,market analysis and other project related documantation but there is NO CLIENT LETTER associcated with that.
Employer is telling that she will work in company development center.
But i have seen in forum now a days VO's are asking client letter at the time of interview.Is it true??
I am really worried and dont want to go for any kind of denial.

Please suggest and hep me out.

Thanks in Advance.

[txh1b]

1. Go for H4.
2. She can do so.
a. Why not? If the person has a new offer, she can go for a H1b. Why does the company not want to process a COS upon entry on H4?
b. She can mention the truth. As always, no harm. You will only complicate if you lie.
c. Either is fine.
d. If the company has an internal project and a product that will generate revenue, a client letter is not required.

[H1Lucky]

1. Go for H4.
2. She can do so.
a. Why not? If the person has a new offer, she can go for a H1b. Why does the company not want to process a COS upon entry on H4?
b. She can mention the truth. As always, no harm. You will only complicate if you lie.
c. Either is fine.
d. If the company has an internal project and a product that will generate revenue, a client letter is not required.

Thank you so much txh1b for your response.Now i can sleep

a. Why not? If the person has a new offer, she can go for a H1b. Why does the company not want to process a COS upon entry on H4?
---ANS------
My only concern is - She has a last year approved H1B and VO can ask why you have'nt used H1 when it was approved since 2008.

Why Company dont want COS---->Company has to file new H1B and bear the cost that why they are asking to go for H1B and my wife is still in home country so they have options too.
For COS they have to wait for approval and till that time she can not start work for them while after H1B stamping she can start working for them ASAP makes sense??

Thanks Again.

[txh1b]

Does she have a stamped H1b visa or a petition that was approved last year? One is not required to use an approved petition. For a COS, company does not have to file a complete new petition. They have to file an amendment. Fee involved is just the fee for form I129. No other fee other than the attorney fee is needed.

If she has a stamped H1b visa, she can use that to enter.

[H1Lucky]

Does she have a stamped H1b visa or a petition that was approved last year? One is not required to use an approved petition. For a COS, company does not have to file a complete new petition. They have to file an amendment. Fee involved is just the fee for form I129. No other fee other than the attorney fee is needed.

If she has a stamped H1b visa, she can use that to enter.

She does'nt have H1B stamp.She only has last year approved petition.
Company lawer was telling - if they will file COS then they have to pay fee (2350$ )equivalent to new H1B filing.I really dont know whether I129 fee is that much or not?
Yes they were talking about Amendment but that will take time..

One more question - Till now we have not taken date for H1B stamping.Can we book dates(H1B) before H4 stamping and in DS-156 or 157 do we have to mention anything related to H4 stamping.I think we dont have to mention as H4 has not been issued yet.Correct me if i am wrong......

[H1Lucky]

She does'nt have H1B stamp.She only has last year approved petition.
Company lawer was telling - if they will file COS then they have to pay fee (2350$ )equivalent to new H1B filing.I really dont know whether I129 fee is that much or not?
Yes they were talking about Amendment but that will take time..

One more question - Till now we have not taken date for H1B stamping.Can we book dates(H1B) before H4 stamping and in DS-156 or 157 do we have to mention anything related to H4 stamping.I think we dont have to mention as H4 has not been issued yet.Correct me if i am wrong......

TxH1b could you please respond to my questiom?
Thanks

[txh1b]

I129 fee is $360 I think. You can check on uscis website. You can book H1b stamping anytime before or after H4 stamping and each is evaluated independently. One should not impact the other.


Rest is all personal choice.