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  • Regarding H1B

    Hi,

    I had few questions related to H1B Stamping.

    Currently I was on F1 and I am applying for H1B processing in the month of April, 2012. I have few doubts and I thought you guys could be best
    who can clarify and help me.


    I am tending to get married and which time can be good for me to go to my hometown and get it done.

    1)Can I travel to my hometown in August and stay there till September get it done and return in September last week before my H1B starts in october. What will be my status during my travel before Oct if my H1B got approved by the time I go to home town in August. Is it suggestable to leave country during that time.

    2)Can I go to hometown and comeback in F1 status before october by the time my H1B will be in effective or Is it advisable to go after Oct month as by that time I will get my H1B approved.


    3)Is doing Premium processesing okay for filing H1B as I am looking to change my job in few months once my H1B got approved by April month ending and If I do so will there be any impact during the time when I go for H1B stamping as I worked for one client during H1B filing and was with other client during H1B stamping.

    4)Does change of client will show any impact as I will be with new client by the time I go for stamping. Does change of client show impact on my stamping.


    5)And suppose if i get married when I was on F1 and I come back to US , File my H1B., Get it approved. Do I need to go to India and get stamped to file H4 for spouse or can I be here get my H1B approved and file for my wife to H4 from India.

    If it is yes what are the chances to get H4 for her.

    Please help me with all these doubts.

    Thanks.

  • #2
    1)Can I travel to my hometown in August and stay there till September get it done and return in September last week before my H1B starts in october. What will be my status during my travel before Oct if my H1B got approved by the time I go to home town in August. Is it suggestable to leave country during that time.
    >>> You can leave the country provided the H1B is filed for consular process. It is not advisable to leave if the H1B is filed as a COS from F1. After getting the H1B stamped, you can enter in H1B visa oly 10 days prior to the H1B effective date.

    2)Can I go to hometown and comeback in F1 status before october by the time my H1B will be in effective or Is it advisable to go after Oct month as by that time I will get my H1B approved.
    >>> There are lot of posts that explains why this is not advisable. Search and read them. If your petition is field as a COS, then it is not advisable to leave the country until Oct 1st unless you return the I-94 that comes with the H1B approval (when you leave the country) and return back in H1B visa only 10 days prior to the H1B effective date.

    3)Is doing Premium processesing okay for filing H1B as I am looking to change my job in few months once my H1B got approved by April month ending and If I do so will there be any impact during the time when I go for H1B stamping as I worked for one client during H1B filing and was with other client during H1B stamping.
    >>> Not sure what you are trying to ask. The H1B effective date will not be before Oct 1st. If you want to work for a different employer in H1B status, then a transfer should be filed. Your work location should match with what was filed in I-129. If not, an H1B amendment need to be filed.

    4)Does change of client will show any impact as I will be with new client by the time I go for stamping. Does change of client show impact on my stamping.
    >>> Not as long as you have the H1B petition and LCA amended.

    5)And suppose if i get married when I was on F1 and I come back to US , File my H1B., Get it approved. Do I need to go to India and get stamped to file H4 for spouse or can I be here get my H1B approved and file for my wife to H4 from India.
    >>> No. Your wife can get the H4 visa stamped based on your approved H1B petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      [COLOR="Blue"]>>>Thanks Shervin for your clarifications.

      3)Is doing Premium processesing okay for filing H1B as I am looking to change my job in few months once my H1B got approved by April month ending and If I do so will there be any impact during the time when I go for H1B stamping as I worked for one client during H1B filing and was with other client during H1B stamping.
      >>> Not sure what you are trying to ask. The H1B effective date will not be before Oct 1st. If you want to work for a different employer in H1B status, then a transfer should be filed. Your work location should match with what was filed in I-129. If not, an H1B amendment need to be filed.

      Regarding the above question --- Currently I work for one client . I am with this client for past 2yrs and now I am applying for my H1B and I am planning to go for premium processing to get this approval done. Once I get my H1B approved I will be leaving this company in 2months and will be joining in new company. And after october when my H1B gets effective and will be effective during that time mostly in November I will go for H1B stamping. Will there be any impact on H1B getting stamped in visa consulate as I was with one client during approval time and I was with new client at H1B getting stamped.


      Originally posted by shervin143 View Post
      1)Can I travel to my hometown in August and stay there till September get it done and return in September last week before my H1B starts in october. What will be my status during my travel before Oct if my H1B got approved by the time I go to home town in August. Is it suggestable to leave country during that time.
      >>> You can leave the country provided the H1B is filed for consular process. It is not advisable to leave if the H1B is filed as a COS from F1. After getting the H1B stamped, you can enter in H1B visa oly 10 days prior to the H1B effective date.

      2)Can I go to hometown and comeback in F1 status before october by the time my H1B will be in effective or Is it advisable to go after Oct month as by that time I will get my H1B approved.
      >>> There are lot of posts that explains why this is not advisable. Search and read them. If your petition is field as a COS, then it is not advisable to leave the country until Oct 1st unless you return the I-94 that comes with the H1B approval (when you leave the country) and return back in H1B visa only 10 days prior to the H1B effective date.

      3)Is doing Premium processesing okay for filing H1B as I am looking to change my job in few months once my H1B got approved by April month ending and If I do so will there be any impact during the time when I go for H1B stamping as I worked for one client during H1B filing and was with other client during H1B stamping.
      >>> Not sure what you are trying to ask. The H1B effective date will not be before Oct 1st. If you want to work for a different employer in H1B status, then a transfer should be filed. Your work location should match with what was filed in I-129. If not, an H1B amendment need to be filed.

      4)Does change of client will show any impact as I will be with new client by the time I go for stamping. Does change of client show impact on my stamping.
      >>> Not as long as you have the H1B petition and LCA amended.

      5)And suppose if i get married when I was on F1 and I come back to US , File my H1B., Get it approved. Do I need to go to India and get stamped to file H4 for spouse or can I be here get my H1B approved and file for my wife to H4 from India.
      >>> No. Your wife can get the H4 visa stamped based on your approved H1B petition.

      Comment


      • #4
        If you quit the employer who has filed your H1B petition, then you cannot attend the visa interview with their petition. The new employer will need to file a new H1B petition and that should get approved in order to go for visa stamping. Are you currently in U.S or outside U.S.

        Originally posted by kalyanz07 View Post
        [COLOR="Blue"]>>>Thanks Shervin for your clarifications.

        Regarding the above question --- Currently I work for one client . I am with this client for past 2yrs and now I am applying for my H1B and I am planning to go for premium processing to get this approval done. Once I get my H1B approved I will be leaving this company in 2months and will be joining in new company. And after october when my H1B gets effective and will be effective during that time mostly in November I will go for H1B stamping. Will there be any impact on H1B getting stamped in visa consulate as I was with one client during approval time and I was with new client at H1B getting stamped.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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