Immigration Issues/H4 to H1 COS

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Question
Hi Ramasamy Krishnan

I found your answers in this forum very valuable. Thanks for taking time to do this.

I am in USA for the past 3 years in H1B visa with my wife in H4 visa. During April 2007 my wife applied for COS to H1 with a local consultancy company and got the approval in July 2007 (eligible to work from Oct 1 2007). But, since she was pregnant at that time she was not able to start working and went to India on Jan 2008 with the baby. I am planning to go to India next month and come back with them. Since, our visa stamping was valid till Dec 2007 we both are required to get the stamping.

Question:

For my wife,

1. Do we have the option for getting either H1 or H4 stamping?
2. If she decides to go for H1 stamping, will there be any issues as she does not have any paystubs? What supporting documents will be useful in this case?
3. If she decides to go for H1 stamping, for any reason if her H1 gets rejected, can we apply for H4 immediately along with my H1 in the same week?
4. If she decides to go for H4 stamping, can she come to USA and work with the already approved H1 status or will the H1 become invalid?

Thanks
Ram  

Answer
Ram,
Answers:
1) Yes you have the option of H-4 or H-1B. But make sure that the employer continues to have a bonafide job opening and can provide the consulate with the relevant documents. (such as projects...)
2)The consulate officer will request pay stubs and it could complicate the process.
3) Sure she can apply for H-4 but be prepared to submit documents regarding your job. (paystubs, W-2 )
4) This would be the safest and convenient option, but she would have to file for a fresh H-1B and COS to work on H-1B

Best of luck.
Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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