H4-H1 Visa stamping...Urgent..Please Help.

[rups_238]

H4-H1 Visa stamping....Please Help.

Hello Experts,

- I'd entered US in Aug'2000 on H4 visa stamp that expired on Apr'2001. The H4 was extended and the approval was received in Feb'2001. The extension is not stamped on my passport.
- Meanwhile, I'd applied for H1 and in March'2001 I received the approval for H1 and started working for company A. This H1 is not stamped.
- In Jan'2002, applied for an H1 transfer for company B and recived an approval in July'2002. Also, company B has recently filed for a Labor certification for my Green card (approval is pending). This H1 is also not stamped.
- I've to visit India in first week of Dec 2002. This is my first trip out of US, so I will need to get the stamping done at the consulate.

It would be an immense help if you can guide me on -

1.Any tips/experience for the Bombay consulate that will help me get through this process smoothly.
2.Will I be eligible for drop-box?
3.Do I need to submit only the I-797 of company B. The H1 for company A hasn't been revoked. Will I need to submit the I-797 of company A as well?
4.From all my I-797 approval notices, the I-94 portion will be taken back when I depart. So the rest of the notice should be submitted at the consulate?
5.As the labor hasn't been approved, I haven't reached the I-140 stage. So, does it mean that an "immigration petition" hasn't been filed for me? If so, I shouldn't worry about the "dual intent" to stay in US?
6.In case, my visa does get rejected, should I re-apply for H4 or continue to pursue H1? I've read that I will have only 1 second attempt.

Looking forward to your opinions and guidance. Thanks!

 

[jaxen]

First Off, most of the H4 to h1s shun from travel until they have AP or EAD. So you are taking a risk, which many others fear to take.

2. yes. But be prepared for an interview
3. All H1s and a letter explaining what status were you in at what point of time (make sure H1 work starts only after the first H1 approval date etc.) are required
4. Yes
5. Yes, the immigrant petition has not been filed. But I think there is a question about labor certification, right? Just the fact that you have changed from h4 to h1 shows a little more immigration intent than while on H4. What about your spouse? Is some immigrant petition is being pursued?
6. If H1 is rejected based on immigration intent (or just the fact that the visa officer does not like you) you will have to sit out in home country for another H1 or an approved Green card

I just do not want to scare you, but there have been a few H4 to h1 cases who are stuck like this. Weigh your options, surf some more forums before making a decision. My answers are based on soome personal experiences (first hand, second hand) and reading this forum for more than 3 years...

 

[rups_238]

Thanks Jaxen. I appreciate you taking some time to respond to my queries. I am aware of the risk I'm taking, but i've to visit Bombay to see my sister (she's due for a major surgery).

3.The letter about the H1 status, should I prepare it myself or get it from my employers? Whom should that be addressed to?
My first employer pay stub date is after I got the first H1 approval. The second employer pay stubs started after they received the acknowledgement of H1 transfer. The formal H1 approval for the second employer came in after 3-4 months of my job start date. Should I carry all my paystubs (from March'2001)?

5.In the DS-156 form , I didn't find any question about the labor certificate. There is no immigration petition pursued for my spouse.

6.Does this mean that I will not be able to file for H4 in the second attempt if my H1 gets rejected in the first attempt? Or I can go for a second attempt on H1 and if that too gets rejected, then I apply for H4?

Can you suggest the websites of the other forums that could be useful for me? I was just aware of this one.

Again, thanks a lot for your help.