H1 stamping in 221g & status change from H4 to H1

[mitforum]

Hi experts,
can you pls advise on the below situation.

- My wife's H1B stamping in India is held up with 221g since march 2010 in new delhi consulate. we have provided all the documents but haven't received any update since then.

1 - She is in USA now with H4 Visa. Can she change status to H1B and work for the same employer for which the stamping is held up ?

2- Can she transfer the H1B to a new employer without any pay stub. i.e without working for the employer who initially filed for H1B ?

Thanks in adance!

[shervin143]

1 - She is in USA now with H4 Visa. Can she change status to H1B and work for the same employer for which the stamping is held up ?
>>> Yes. The petition should get approved to start working.

2- Can she transfer the H1B to a new employer without any pay stub. i.e without working for the employer who initially filed for H1B ?
>>> Yes. Payslips are not required since she is in H4 status now.

[mitforum]

Thanks Shervin for your quick response.

about Q 1 - what you mean by petition should get approved ? Do you mean the change of stattus from H4 to H1 should be approved ?

2- Does she need to withdraw the stamping from New delhi consulate, before applying for a change of status from H4 to H1B ? What's your experience ? any suggestion......

3 - is it a good idea to start working for the employer who filed the petition OR look for a new employer who can transfer the H1B & then do the status change from H4 to H1B.

can you pls suggest. I'm confused...

[shervin143]

about Q 1 - what you mean by petition should get approved ? Do you mean the change of stattus from H4 to H1 should be approved ?
>>> Yes.

2- Does she need to withdraw the stamping from New delhi consulate, before applying for a change of status from H4 to H1B ?
>>> Not required.

3 - is it a good idea to start working for the employer who filed the petition OR look for a new employer who can transfer the H1B & then do the status change from H4 to H1B.
>>> Advisable to go with a new employer. If the currently applied visa gets rejected, you don't want to go again for the visa stamping with the documents from the same employer.