Need Clarification

[prakash0483]

My spouse has an approved H1 PETITION. We are going for PA during next week(H1 and H4). I had worked in US for 2 years under L1 VISA which is expired and also i left the company with which i was working. We are planning to travel back to US on 12th October.
I would like to know my options for working in US:
1. Can i apply for H1 Visa after attending H4 interview?
2. How long does it take to get H1 Stamped in India vs US?

Thanks in advance.

[shervin143]

1. Can i apply for H1 Visa after attending H4 interview?
>>> Yes.

2. How long does it take to get H1 Stamped in India vs US?
>>> You can't get the H1B stamped in U.S. You can get that done only in a U.S consulate. What exactly is your question?

[prakash0483]

shervin143, thanks for replying to my post.

Let me rephrase my questions for clarity.

1.)Given that my H4 interview would be on 2nd week of september, can i apply for H1 visa during 2nd or 3rd week of september.
2.a)I would like to know how complex and how long it would take if i apply for my H1 visa from INDIA(before 12th October) at US Consulate.
2.b)I would also like to know how complex and how long it would take if i apply for my H1 visa from US(after 12th October) at USCIS.

Please consider my earlier provided details and clarify me on the above. In essense do u think i have a chance getting H1 visa from india and work at US or go to US and apply for my H1 visa and then work at US. I would like to start working at US as soon as possible...Any suggestions would be helpful.

Thanks in advance.

[shervin143]

1.)Given that my H4 interview would be on 2nd week of september, can i apply for H1 visa during 2nd or 3rd week of september.
>>> You can. But most likely your H4 visa might get cancelled when you go for H1B. What is the point in going for the H4 visa interview if you have plans of getting the H1B stamped?

2.a)I would like to know how complex and how long it would take if i apply for my H1 visa from INDIA(before 12th October) at US Consulate.
>>> If you already have an approved H1B petition, then it all depends on when you schedule the H1B visa interview. Unless you receive form 221g requesting more documents, you will get the passport with the visa stamped with a week to 10 days by courier (or) you can collect it from the VFS office the same evening or the next day.

2.b)I would also like to know how complex and how long it would take if i apply for my H1 visa from US(after 12th October) at USCIS.
>>> Like I mentioned in my previous reply, Visa will be issued only at the U.S consulate. You can get a visa from USCIS?For getting an H1B visa, you need an approved H1B petition from an employer. Do you already have an approved H1B petition?

Please consider my earlier provided details and clarify me on the above. In essense do u think i have a chance getting H1 visa from india and work at US or go to US and apply for my H1 visa and then work at US. I would like to start working at US as soon as possible...Any suggestions would be helpful.
>>> I think you are asking about coming to U.s as a dependent and then apply an H1B petition as a COS from H4. That is a possibility. When you are in U.S, you will need to find an employer who can sponsor your H1B petition. Once approved (15 days by premium, 2-3 months by normal process) you can start working on H1B as of the effective date mentioned in the approval notice.