Legal Question in Immigration Law in New Jersey

I was on student visa for 6 years and from last 2 years I am on H1B visa and married with student visa holder. I stayed in US from last 8 years and have not made any trip to India.

I like to go for H1B stamping end of this year. so, I like to know what will be the scenario and hurdles I will have to prepare for ?


Asked on 7/08/15, 9:47 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

I'm not sure what problems you are anticipating. You will need to bring your I-129 approval notice, most recent pay stubs, W-2s (I'd also bring tax returns), I-20's, passport, etc. Your spouse will need his/her I-539 approval notice, passport, marriage certificate, I-20's, etc. if s/he wants an H-4. The U.S. Consulate just wants to make sure you have no periods of unlawful presence, no arrests, & that you are still working in valid, H-1B employment (& that the terms of the LCA & I-129 are being met with regards to salary, hours, jobsite, etc).

If your H-1B was filed by an Attorney, then I suggest you discuss this matter with the counsel that represented your employer with this matter. You should also refer to the U.S. Consulate website, for the location in India at which you will apply, for more specific information about what that particular location requires.

Good luck!

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Answered on 7/08/15, 12:18 pm


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