H1-B Visa Stamped in India, Travel to US on H1-B but Long leave for Study

[tvns.murty]

Hi All,

Mrs. XYZ has got the H1-B stamped in India (Oct-07) and has the H1-B petition approved in May-07.
Mr. XYZ is in USA on H1-B.
Mrs.XYZ is traveling to US on H1-B visa but not joining the employer for any job, prefers to study for 6 months and take long leave for 6 months.

Is this scenario legal - traveling to US on H1-B but prefering to study and take long leave ?

What are the documents/procedures to be followed to do this?

Option 1)

a)Mrs.XYZ travels on H1-B. Files for COS to H-4 but keeps working for 2-3 months with the employer... till the COS is approved.
b)From when can she stop working - on the date of filing for COS or when the request is approved?
c)Once the studies are over, Mrs.XYZ files for COS to H1-B from H-4... obviously, it has to be filed before the End date as per H1-B petition... so that it can be counted against original H1-B Cap. Does she need to travel out of USA and enter with new I-94 ? Or new H1-B visa is required?

Option 2)
a) Mrs.XYZ travels on H-4. Would the H1-B Visa which was stamped gets canceled by default or is it at the discretion of the embassy ?
b) Mrs.XYZ after completion of studies, files for COS to H1-B being in US. Does she needs to get H1-B stamping done again, if the earlier H1-B visa gets canceled as per Pt1 ? If yes, then can she travel to Canada/Mexico for stamping or she needs to go back to India for stamping ?
c) if the H1-B visa is valid - then can she start working in US post filing of COS or she again needs to get a new I-94 ?

How much would these COS applications normally take?

Your advise is highly appreciated.


please advise ASAP.

regards

 

[manwithnoname]

H-1B visa is for speciality occupation - a leave for 6 months is not adviseable unless the beneficiary is out of the U.S. Now for the questions:

1. (a) Perfect ... till the COS is in-effect the beneficiary can work for the employer.
(b) Approval date.
(c) The COS for H-1B allows employment after the approval date. This automatically overrides the previous visa. For international travel, a visa stamping maybe necessary to revalidate the H-1B status upon re-entry.

2. (a) Are both H-1 and H-4 are petitions are valid but passport stamp exoired? in that case XYZ have a choice of visa stamping at the consulate. In case passport stamp is valid obtain the I-94 depending on the visa status XYZ need to maintain at the time of re-entry.
(b) Not necessary. XYZ can start after the approval. Later this ca be stamped either in India (Home Country), Canada or Mexico.
(c) Till the new I-94 (with the approval notice) is sent.

About COS information, please read here.

 

[qaz12]

Upon arrival to US- the applicant needs to first join the employer. He can take permission to go on leave IF the employer agrees. If the applicant does not report to work- his entry itself is not authorized.

Also- you will be loosing your years on H-1B. Not sure why you want to travel on H-1B and then study. You can travel to US on F-1 for studies.