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h1b stamping in india   neha   12/21/2014 08:09 AM  

Hi i am looking to speak with someone who recently got h1b stamped first time in india. Whose h1b was approved while living in usa. Please help me understand the process.

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Re: h1b stamping in india   abc   12/21/2014 10:04 AM  

My visa got approved in us got stamped when I visited india. What do u want to know? Just take ur 797a approval, pay stubs and go for interview. U can also carry letter from employer stating ur travelling on vacation and will return to work. Tax papers previous yrs. Resume and etc look up on google. Important stuff is passport i797 and paystub

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Re: Re: h1b stamping in india   India   12/22/2014 10:22 AM  

I have a question abc, Is that okay to go to india after applying for conversion to H1B from H4. I mean in between April and october if we go to india then what will be the visa status when we return?

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Re: Re: Re: h1b stamping in india   NV   12/22/2014 11:22 AM  

Well, I assume your employer is using an attorney for your change of status from H4 to H1. You need to spell out your travel intentions to the attorney AND the starting date of you H1B.

Your attorney can either apply:
1. change of status (COS) OR
2. notify the consulate in your home country.

With the COS, I believe you need to be in the country until it is approved, or else they may consider that you abandoned the petition. Not sure check with your attorney.

With notifying your consulate option, you don't have problem leaving the country in the interim but you will still be on H4 when you return until/unless you get it stamped before you can start working.

Again timing is the key in your case, combined with other factors like your primary's status etc. Keeping your attorney in the loop in the key!

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Re: Re: Re: Re: h1b stamping in india   abc   12/22/2014 12:16 PM  

Ur status is what visa u enter. If ur h1 is pending and u travel to india...if u return before ur h1 gets approved u can enter using h4 Nd wait for h1 to get approved.
If ur h1 gets approved when ur in India it depends on ur lawyer bcos he's doing cos assuming Ul be In usa. If ur not in USA when ur h1 is approved ans since ur status is changed to h1. U will have to stamp h1 and return to US. I think ur h1 overwrites h4=. consult with lawyer

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Re: Re: Re: Re: Re: h1b stamping in india   NV   12/22/2014 12:22 PM  

I don't necessarily agree with all the above abc said, spell out more about the specifics so we can suggest. Like your validity of your current status, your travel dates, your H1B petition start dates and your spouse current status and validity.


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Re: Re: Re: Re: Re: Re: h1b stamping in india   Help   12/22/2014 02:12 PM  

I believe this is called leapfrogging. If your cos is approved from October 1, and if you return before that date, you will enter on H4 and the cos will automatically take effect from October 1. It sounds little weird, but that was what I came to know when I researched on it.

If cos is pending and if you happen to travel, it means that you are abandoning it. Technically you are not in any status, and I'm not sure what you need to do if returning before October 1. It is generally not recommended.

In any case, I guess you need stamping if you are to come after October 1 (or petition/i129 start date). Not a legal advice.

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Re: Re: Re: Re: Re: Re: Re: h1b stamping in india   Help   12/22/2014 02:14 PM  

cos means change of status, just in case.

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Re: Re: Re: Re: Re: Re: Re: Re: h1b stamping in india   India   12/22/2014 03:50 PM  

So it means that it does not have a constant answer. Btw, my plan is to go to India during May for a month. Anyway, Seems like this needs to be checked with attorney during the time of filing H1B. Thank you all for your response.

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Re: Re: Re: Re: Re: Re: Re: Re: Re: h1b stamping in india   abc   12/22/2014 08:35 PM  

I'm not sure abt cos if you leave the country. But h1 or not if u still have h4 stamp and validity you can return using your h4. U need not reapply h4

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Re: h1b stamping in india   Venkata   12/23/2014 03:55 AM  

Ask attorney who filed your case.

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