Hi There:

I landed in US on Aug 06 for the first time. Completed MBA by Aug 07, Currently under OPT till Sept 30, 2008. Yesterday I got my H1 approval. I need to travel to India from May 16th till May 30th 2008. I would be carrying I20(OPT), appointment letter from my current employer, Pay stubs, W2 for 2007(I did work for couple of months in 2007). Is there any risk involved either at Indian immigration or at US port of entry when I come back?

Further I need to apply for H4. Do you recommend me to complete my H1 stamping & H4 during this travel. I know my family can come only in Oct but I need to come back to my job in two weeks. Is there any risk involved? Thanks a lot in advance.

If you travel in May, you must travel under OPT. Since your OPT is current until Sept 2008, so you will be fine.
Get your H-1B done first and your family can follow in Oct.

Hi Lawanwadee:

Thank you for your reply. However I have few specific questions based on hear say. FYI I am traveling to India from May 16th return June 2nd.

1. With H1 (I got my H1 petition on May 7th without a premium processing) approval, would USCIS cancel my OPT now say in May 08, even though my H1 starts from Oct? Hence on my return, at port of entry in US I may be deported back as I wouldn’t have a valid OPT status. Is it true?

2. Is it advisable to stamp H1 during this travel i.e. in May 2008? I see two possible issues, One US consulate may cancel my F1 (as no one would have two stamps at the same time).In that case I can't come back until Oct 1st? Is that true? Second Sometimes US consulate verify about the H1 employer. Since mine is a small private equity investment company(4-5 years old but growing) owned by Americans, would the process of verification take significant longer time that may delay my coming back to US on my scheduled return date(June 2nd)?

3. Do you recommend me to apply for H4 when I am in US? That means my family goes for visa interview of their own instead of doing both H1 and H4 together either during this travel or in my next travel (I plan to travel again in Aug/Sept 08)?

I know these are lots of questions. But I really appreciate your patience and help.

Thank you in advance.

1-2. If this trip is just a visit and has nothing to do with H-1B, then you will be able to return under OPT without a problem. If you go ahead with H-1B stamping, then you will not be able to return to US immediately.

3. You have 2 choices... one, go to US consulate later after this trip, have all taken care of, including H-4 for your family but it will take a while... OR two, process H-1B first and your family can apply by themselves later. H-4 is very simple process, no question asked during the interview, verification of applicants is all that needed.

If you still have doubts, I would suggest you discuss this matter with then company's attorney.

Hello Lawanwadee:

Thank you for your clear and specific reply. I am so happy that you have cleared many of my doubts about point # 1&2. I have now decided not do anything related to H1 in this travel.

However to plan for H4 and my H1 stamping I need to understand few more things. I am not very clear about your answer to question 3. Could you please clarify what do you mean by " Process H1B first" as per your second choice.

You are really very helpful and knowledgeable. Thank you once again. I really appreciate.

It depends on how soon US consulate process your visa. Sometimes they need to verify employer's details. If date of commencement of your job cannot be delayed, then you should let your wife handle H-4 application on her own and follow you later. If your schedule is somewhat flexible, then you may process both H-1B and H-4 at the same time.

Hello Lawanwadee:

Thanks a ton. However I am still not clear about timing & place of my H1 stamping. My travel date is not flexible. As of now I can think of the following plan.

I don't do any H1 related in this travel. Upon return to US my wife go for H4 interview in June/July. Upon H4 approval I go to Canada in July/Aug for H1 stamping (believe stamping at Canada is better than the same in India). I travel to India in Aug/Sept & bring my family (For some reason I need to travel to India to bring them).How does this sound like?

I know its going on & on but I hope to find some clarity. Your response is really invaluable and my sincere thanks to you as well as to this site for such a great job.

It's fine...

For H-4, your spouse would need the following:
# Completed Non-immigration Visa application Form DS-156. Separate form for each applicant.
# Application visa fee original receipt
# Valid passport of each applicant.
# One photograph: 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. To be used in the application Form.
# If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required.
# Spouse's original marriage certificate.
# Entire wedding photo album and copy of each sides marriage invitation card or any other evidence of relationship.
# Complete 36 pages copy of your principal H1's passport.
# Copy of principal H1 holders approved petition I797, form I-129 and LCA.
# H1 holder's employment verification letter.

Dear Lawanwadee:

At the outset thank you so much. You are really enlightening my knowledge. Thanks again.

Thank you for listing the docs requirement. While I understand most of them, I have following questions. I have last week received my H1 approval. I have received I-797A and I-797C and copy of LCA(about 5 pages).

1. What do you mean by I797 and I 129(in your below mentioned list) and how do you relate them to what I have? Which one is relevant?
2. Where I get the employment verification letter from?

Thank you