H1B Stamping

[svalmiki]

Hi,

My wife came here with H4 and she has still H4 Stamping in her Passport.

Last December she got h1B and started working from January 2011 to present. Now she want to take a break for few months..

My questions are below

1> If she want to take a break from December 2011 to Sep 2012 and then we want to go to india for a vacation will it be a problem for her to come back?

2> can we go to Mexico or Canada and get stamped with H1B before she take a break?

3> Do we need to go india for h1B stamping or can we go to Mexico or canada?

4> what is the best way ?

5> Is she needs to Visa interview in India then is it better to send her to india and het stamped with H1B before she takes a break and currently she is working also.



Thanks!
Siva.

[kabkaba]

If she enters the US using H1 Visa, she must work and cannot take a break.
She can apply for her Visa in Canada (not Mexico) or India. If you have sufficient time in India, it is always better to apply in your home country, since if it gets stuck or denied you can still live there.

[svalmiki]

Sorry let me ask few more questions.

Thanks for your inputs.

She want to take a break after November and then want to work again 1 year. So my question is its better for her to go to India and get stamped because she is working and have enough pay slips right?

If she can't do that then next year if we go to india there are lot of chances of getting visa rejected because she will be not be having recent pay checks right?

Can we go to India and come back with out stamping because she still have H4B stamping in her passport which is valid until 2012 December..

If she want to get stamped with H1B do we need to apply any status change now?

Thanks!
siva.

[kabkaba]

She cannot stay in the US in H1 status and not work. Payslips are required only for the period she is present in the US in H1 status.
Whenever she wants to stop working she has to either apply for change of status to H4 or she has to leave the US and return with H4 Visa. Later whenever she wants to resume work, the employer has to again file change of status or she can leave and return with an H1 Visa.
So she should apply for her H1 Visa only when she intends to travel to US to work. It does not matter whether that is in Canada or India. Although, if she does not have a US degree it is better to apply in India since sometimes US consulates in Canada deny Visa because they cannot evaluate Indian degrees.