Legal Question in Immigration Law in California

Hi,

I am currently on H1B and working with an employer. I applied for my H1B (H4-H1B) in April 2012 and got an RFE. Finally I got the approved H1B in the month of November 2012 and started working from December 2012. Now I need to go to India in the month of May dur to personal reasons, but my employer is not willing to provide the required documents. My H4 visa on my passport is expired.

1) Can I go for H4 stamping in India??(My current H4 stamping has expired).

2) Also if I can go for H4 stamping is it required that my current employer withdraws my H1B?

I am really worried about this. Any help is greatly appreciated.

Thanks


Asked on 2/25/13, 6:21 pm

1 Answer from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

You should have a complete copy of your H!B packet filed by the employer. Take whatever document the employer gives you include job verification letter, pay stub, W-2. We can guide you thru the visa stamping.

Since you have started working on H1B, and H4 visa does not allow you to work in USA, to apply for H4 visa stamp in India, either you can resign from your job first or employer can withdraw your H1B - provided your spouse is on valid H1B status to support your H-4 visa.

Contact our office - [email protected] for detailed consultation.

619-922-5287, Ramia - 619-501-1616

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Answered on 2/25/13, 7:53 pm


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