H1b Visa Stamping

[rnapII]

What is the name of your state? NJ

Hello to everyone,

I came in US in august 2005 for master's in Business Administration (MBA) and successfully finished in December 2006. I got my H1b approval (I-797) in June 2007. I have a plan to go to my mother country which is India. Since my OPT and H1b approval, I am working as a consultant.

My Questions:

1. Is it safe to go to India (Mumbai) with I-797 hoping that I won't get any problem in getting H1b stamping on my passport while returning???? or I should go to either Canada or Mexico before going to India?

2. Which country is safe in terms of getting H1b stamping (Canada or Mexico)?

3. In Which center, I have a better chances of getting H1b stamping successfully?

4. My husband's H4 (who was on F2) is still not approved due to high volume of applications with USCIS since June 2007. Can we both go seperately to stamp our passports or we have to go together(of course only if his application gets approved)?

Just to let you know that I have only couple of paystubs since my H1b status which started on October 1, 2007. I do have psystubs while I was on OPT. Is that okay? I do not have any tax return since I am on H1b.

I sincerely appreciate your input, time and help. Thank you very much in advance.

 

[ImmigAttyLana]

It's fine to go directly to India. People typically go to Canada or Mexico only when they are not otherwise planning to go to their home country.

Only paycheck stubs from after your H-1B approval took effect is of relevance for the H-1B stamp.

Your spouse can get the H-4 at a different time.

 

[rnapII]

thank you Lana for your input. I sincerely appreciate your help and suggestion.

I had already booked my tickets to India and also taken appointment with US consulate in India (mumbai). when I asked for the required documents from my employer, she warned me that I am taking 1% refusal chance, if I go to India for H1b stamping!!!!!!!!!!! I was completely confused by her statement. She told that Indian US consultes are known to issue inquiries and may refuse H1b stamp in 1% of cases. She also told me to go to Mexico as it is probably the safest place as far as H1b stamping is concerned.

Can my husband leave this country (to accompany me) before his H4 gets approved. If we are in India and his H4 gets approved, any one (relatives/friends)can send us the approval letter to India.
OR

My husband can not (should not) leave this country, before his H4 approval/denial???

 

[ImmigAttyLana]

If your husband leaves the US, he does not NEED the H-4 approval in order to get the H-4 visa at the US COnsulate since that's a dependent visa status and as long as your H-1B is approved, his H-4 would be approved at the Consulate just by virtue of you being lawfully married.

As for the % chance of denial, it is probably greater than 1% but it's not because it is in India or anywhere else; it would have to do with the specifics of your petition, your employer, etc. If you want to go to Mexico first to try to get the H-1B< you can do so as well, if you have the right to go to Mexico for this purpose.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[rnapII]

Thank you very much Lana. I appreciate your advice. I don't want to be mean by asking you quetions after questions just because this is a free service!!!!!

So my husband do not need H4 approval at all from USCIS? He can come with me anytime, anywhere (India/mexico) and appear for his H4 visa interview (even he hasn't received his H4 approval, yet) with me when I apply for H1b stamping. Have I undetstood your advice correctly? Just to let you know that his dependent status was once approved by USCIS when he applied for F2 from F1. This time we have applied to just change his dependent status from F2 to H4 as I got my H1b; I-797 approval.

How much do you charge just for the consultation for my case. My company will prepare all the documents required for me (H1b) and my husband (H4) before I go for stamping. I want that all my documents be examined by expert immigration lawyer and can help me in making my decision to where and how to go for stamping. Just to let you know that I am in NJ. How do we communicate to check my documents?

Again thank you very much for your kind advice. God bless you.

 

[ImmigAttyLana]

You can contact me directly if you like for a consultation and I will let you know my rates. I do not give out these details on a public forum.

Yes, a dependent visa does not need an initial approval from the USCIS if it is going to be processed at a Consulate abroad. You only need that if you are remaining in the US and only want to change STATUS.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.