H4 to H1 status change and quota

L

lagboyus

Registered Users (C)
Hi Guys,
My spouse had h4 to h1 status change approval and we tried to get the H1b stamp from chennai consulate. The H1B petition approval is with a US employer involved in consulting and product development.

Consulate was asking for client and project details and duration of project. We maintained that H1b petitioner has got product development and they have hired for that. But consulate is not buying that idea, They wanted client/project details. That's not the end of story. They even wanted w2s of all the employees of the company which is not possible as they got more than 300 employees.

So, What are the options for us?

Is it Ok if we submit financial statements of the company and still try getting H1B stamping and then travel..

Since H1b Benefciary never not started working, Can we come back on H4 and claim status change to h1 only after start working. Is it OK to do that?

Is it ok to travel back on H4 and maintain that status of H4 and then file for new H1 status change?

Would this new status change petition comes under new cap? I mean would it be approved only after Oct2004?
Or Is it considered within the existing quota as she already got an approval notice within the quota?

I am kind of confused how to delink status change and H1 quota with an existing approval on hand..

Your help is greatly appreciated..

Thanks
 
Hi Guys,
My spouse had h4 to h1 status change approval and we tried to get the H1b stamp from chennai consulate. The H1B petition approval is with a US employer involved in consulting and product development.

Consulate was asking for client and project details and duration of project. We maintained that H1b petitioner has got product development and they have hired for that. But consulate is not buying that idea, its all due to the consulting firms abuse. they abused the immigration system a lot. now they reap the sin. but affects the h1 persons severely. unless your firm is reputed (not startups or operating from home) you may have problem getting visa now a days. if the consulting firm has not violated the labor and immigration laws before and they are capable then you may get the visa. They wanted client/project details again all because of past sins by the consulting firms. they abused the system by bringing in people in h1 and not pay them unless and until they get project. to prevent this abuse and fraud consular officers are requesting even this information. it is a welcoming approach. ofcourse it affects the h1 people but its actually beneficial to the h1 person. this approach will straighten all the abusive h1 dependend employers.. That's not the end of story. They even wanted w2s of all the employees of the company which is not possible as they got more than 300 employees. it is not impossible. but there are some privacy issues which the company has to face.

dont be surprised if they ask for pictures of your company. they want to make sure your company operated from commercial office space. with 300 employees your employer may not operate the business from home - but not sure

So, What are the options for us?

Is it Ok if we submit financial statements of the company and still try getting H1B stamping and then travel..
you may try but remember that its better to submit what they ask for or ask for more time to submit the required documentations. be advised that there are some restriction in visa issuances that you cannot get any visa for certain time if any of your visa is rejected beyond certain limits or counts

Since H1b Benefciary never not started working, Can we come back on H4 and claim status change to h1 only after start working. Is it OK to do that?
she can come back on h4 but cannot start working unless she files h1 again (that new h1 should be approved ALONG WITH change of status approval). if the change of status is not approved then you will again face the same situation.

Is it ok to travel back on H4 and maintain that status of H4 and then file for new H1 status change?

Would this new status change petition comes under new cap? yesI mean would it be approved only after Oct2004?
Or Is it considered within the existing quota as she already got an approval notice within the quota?

I am kind of confused how to delink status change and H1 quota with an existing approval on hand..

Your help is greatly appreciated..

Thanks
 
How about new H1?

My question on Quota is not answered..
If we file for status change again form H4 to H1, would this new application comes under new quota starting OCt'2004?
Or since we have a H1B approval on hand, just the status adjustment alone is enough?
 
Imho

lagboyus said:
Hi Guys,
My spouse had h4 to h1 status change approval and we tried to get the H1b stamp from chennai consulate. The H1B petition approval is with a US employer involved in consulting and product development.

Consulate was asking for client and project details and duration of project. We maintained that H1b petitioner has got product development and they have hired for that. But consulate is not buying that idea, They wanted client/project details. That's not the end of story. They even wanted w2s of all the employees of the company which is not possible as they got more than 300 employees.

So, What are the options for us?

Is it Ok if we submit financial statements of the company and still try getting H1B stamping and then travel..

Since H1b Benefciary never not started working, Can we come back on H4 and claim status change to h1 only after start working. Is it OK to do that?

Is it ok to travel back on H4 and maintain that status of H4 and then file for new H1 status change?

Would this new status change petition comes under new cap? I mean would it be approved only after Oct2004?
Or Is it considered within the existing quota as she already got an approval notice within the quota?

I am kind of confused how to delink status change and H1 quota with an existing approval on hand..

Your help is greatly appreciated..

Thanks
Click to expand...


I was asked to comment about the quota. Once you have had your H-1 approved, I do not see why quota should be a problem for a subsequent H-1 or a readjustment of the present H-1.
 
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