H4 Visa Stamping in India while having H1 valid Stamping

[sri111]

My wife is having valid H1 visa stamping till oct 2010

If she goes for H4 stamping in India, will H1 stamping be canceled if she does not get h4 stamping?

[shervin143]

That depends on the VO. If there is a valid reason for cancelling the existing visa, then they might do it.

[sri111]

That depends on the VO. If there is a valid reason for cancelling the existing visa, then they might do it.

What would be best approach?

COS to H4 after coming US on H1 with out a project? Manging with recent employer offer letter at POE?
else
H4 Stamping in India?

[shervin143]

Not advisable to travel without a project. You need to have a project to enter U.S in H1B. Also COS to H4 is not possible without recent pay slips to prove that you maintained your H1B status.

Go for the H4 stamping and enter in H4.

What would be best approach?

COS to H4 after coming US on H1 with out a project? Manging with recent employer offer letter at POE?
else
H4 Stamping in India?

[sri111]

Not advisable to travel without a project. You need to have a project to enter U.S in H1B. Also COS to H4 is not possible without recent pay slips to prove that you maintained your H1B status.

Go for the H4 stamping and enter in H4.

She worked in US till May 2009 and moved to India in Jun 09. Was not sufficient to COS from H1 to H4. Please suggest

[sri111]

She worked in US till May 2009 and moved to India in Jun 09. Was not sufficient to COS from H1 to H4. Please suggest

She worked in US till May 2009 and moved to India in Jun 09. Was not sufficient to COS from H1 to H4. can we use those old pay stubs tfor COS now.Please suggest

And also one more thing she is pregnant now. Can she apply for H1B- Maternity leave if she comes on H1B. does it also required recent pay stubs?

[shervin143]

She worked in US till May 2009 and moved to India in Jun 09. Was not sufficient to COS from H1 to H4. can we use those old pay stubs tfor COS now.Please suggest
>>> She needs recent pay slips to prove that she was on valid H1B status at the time of applying for the COS to H4.

And also one more thing she is pregnant now. Can she apply for H1B- Maternity leave if she comes on H1B. does it also required recent pay stubs?
>>> Maternity leave can be taken only during the actual child birth and not during early stages. A typical maternity leave is 6 weeks after normal delivery and 8 weeks for C-section.

What you need to understand is that she will be questioned about her project at the POE (might even call the employer/client to verify the project details). Also, she will need a recent employment verification letter from her employer. If they find out that she is trying to enter U.S in H1B (which is a work visa) without a valid project (job), then they might even deport her back (If so, it will cause issues with future petition approvals and visa stamping). With she being pregnant, do you want her to take this risk.

Why are you trying so hard to bring her in H1B without a project and then try to apply for the COS to H4? The easiest way is to get the H4 stamped and enter U.S in H4.

When you get time, go to the "Visas" section of immihelp and read about the Rights and Responsibilities of H1B holder.