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On h4 visa in US, Got H1B approved, wanted to travel india&come back on H4,work on H1

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  • On h4 visa in US, Got H1B approved, wanted to travel india&come back on H4,work on H1

    hi, I am on H4 visa from more than a year, i applied for H1B and got it approved.I have to still get my papers and then apply for my ssn.
    Meanwhile i have to travel india and will come back in a month.

    My questions are :

    1) Can i travel on H4 visa, and get stamped for H4 visa, and come back to USA and work on H1b?(becoz my husband needs his h1 stamping, i will have to get my h4 stamped too)
    2) Should i have to apply for any peteition again for working on H1B if i enter US on H4 visa?If so, is it good option.
    3) What are the chances for my H1B visa to get stamped in inda if i wanted to come back US on H1B?(i just got my H1b doesnt have any SSN and so no paystubs too..)


    Please suggest me the best and safeway to go back to india, without effecting my H1b visa.I waited for more than a year for H1B :-(.Cant take chances and make a mistake.Please help me.

  • #2
    1) Can i travel on H4 visa, and get stamped for H4 visa, and come back to USA and work on H1b?(becoz my husband needs his h1 stamping, i will have to get my h4 stamped too)
    >>> If you do that, then your staus will change to H4 again. In order to work for the H1B employer, the employer will have to file a COS from H4 to H1B again and when that gets approved, you can work.

    2) Should i have to apply for any peteition again for working on H1B if i enter US on H4 visa?If so, is it good option.
    >>> Yes. Read answer 1. Your employer will need to apply the COS. You cannot apply it yourself.

    3) What are the chances for my H1B visa to get stamped in inda if i wanted to come back US on H1B?(i just got my H1b doesnt have any SSN and so no paystubs too..)
    >>> That depends on the doucments that you carry, your employer's records and if you really have a job. SSN is not required for H1B stamping. However, you need to be working from day 1 on H1B status and have pay slips. Otherwise you
    Last edited by shervin143; 01-14-2011, 05:12 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      On h4 visa in US, Got H1B approved, wanted to travel india&come back on H4,work on H1

      Thanks for ur reply shervin..

      I will be travelling india this month end, and by that time, it will be just 15 days that i will staying in usa from the day i got my H1b visa approved.
      So my employer will be able to give me the paystub only for 15 days.Is that ok to have only one pay stub that too for 15 days for having the visa stamp in india.

      Also i came to know that paystub have to run on SSN number.As i dont have SSN how can i have paystub and officially paid by my employer?
      how do all people manage this?

      What are the risks if i apply for COS , if i come back US on h4?
      how hard is it to get it approved.First of all is COS something like applying for new visa again?

      I have to travel by this month end, i am still in confusion, please help me choose some better way.

      Thanks
      Chagala.

      Comment


      • #4
        Originally posted by chagala View Post
        Thanks for ur reply shervin..

        I will be travelling india this month end, and by that time, it will be just 15 days that i will staying in usa from the day i got my H1b visa approved.
        So my employer will be able to give me the paystub only for 15 days.Is that ok to have only one pay stub that too for 15 days for having the visa stamp in india.

        Yes. You must be working and getting paid from H1 effective date.

        Also i came to know that paystub have to run on SSN number.As i dont have SSN how can i have paystub and officially paid by my employer?
        how do all people manage this?

        People manage this by applying for SSN, working and getting paid. Payments can be made if SSN is applied for and not received.

        What are the risks if i apply for COS , if i come back US on h4?
        how hard is it to get it approved.First of all is COS something like applying for new visa again?

        COS in that case will be amendment petition from you employer. It is not more or less hard in any way.

        I have to travel by this month end, i am still in confusion, please help me choose some better way.

        Thanks
        Chagala.
        I understand the concerns for H1 Visa application while working as a consultant. But, you are responsible for working in order to maintain status.
        This is my opinion and not legal advice.

        Comment


        • #5
          On h4 visa in US, Got H1B approved, wanted to travel india&come back on H4,work on H1

          Hi kabkaba,

          Please help me out with these points too..

          1)can i attend the visa stamping in india without paystubs?
          ( because i leave india, this month end and attend stamping in mid of feb.It means i will be traveling india within 15 days i got my h1b approved and attend for visa interview in another 15 days from there.so i will go for stamping after a month that i got my h1b visa.)Is that ok without paystubs?

          2) What should be my answer if consulate asks me for paystubs?

          3)Is there any other way that i can get stamping without any risk?

          4) What is amendment petition by my employer measn?

          Comment


          • #6
            1)can i attend the visa stamping in india without paystubs?
            ( because i leave india, this month end and attend stamping in mid of feb.It means i will be traveling india within 15 days i got my h1b approved and attend for visa interview in another 15 days from there.so i will go for stamping after a month that i got my h1b visa.)Is that ok without paystubs?
            >>> Well, carry the pay slip for this 15 days. Your employer should be generating payslips from the effective date of H1B. Of course the salary will be less since you worked only for 15 days which is okay.

            2) What should be my answer if consulate asks me for paystubs?
            >>> Read answer 1.

            4) What is amendment petition by my employer measn?[/QUOTE]
            https://www.immihelp.com/h1b-petition-amendment/
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              On h4 visa in US, Got H1B approved, wanted to travel india&come back on H4,work on H1

              Hi shervin,
              I am yet to get my approval docs from USCIS and then apply for my SSN.You know it takes atleast 3-4 weeks for getting SSN after initiating.
              I am sure that i wont get my SSN before my travel date which is this month end.So how can my employer generate the paystub for this month even for 15 days without SSN?

              Is there any other way, how people handle these kind of situations?

              And how safe is to attend visa stamping without paystub ? Can't they understand the situation which is very genuine?Its clear and i am not faking anything right?
              Please do explain me...

              Comment


              • #8
                Get a letter from the employer stating that the SSN has been applied and they are waiting for the SSN number to generate the pay slips. That should work.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Approved H1-B petition, traveled back in US on H-4 Visa. Can I apply for SSN?

                  I am on H-4 and recently my H-1B got approved. After my approval for petition, I traveled out of United States and came back with H-4 stamping, as I am not working and have no income. Is this any legal violation? Can I go to local SSN office and apply for SSN though I do not have any income? If so, would it affect my status or petition?

                  Comment

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