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H1b Stamping With Prior History

Discussion in 'NIV applications in India' started by Kunwar, Sep 22, 2014.

  1. Kunwar

    Kunwar New Member

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    Background

    My wife came to US in Jan 2009 on F2 while I was studying. She changed her status to H4 when I got H1B in October 2009. She then started studying and did another change of status to F1 in Jan 2010 so that she could work as well for 20 hours a week. She was also awarded scholarship and research job. We then went to India for a vacation in Aug 2010 and went for her stamping. Her visa was rejected by the consulate saying that she can study on H4. She told them about the job and scholarship, and the counselor was like you can apply again I have rejected it now. We applied again 10 days later but it was rejected again. She then came back to US in October 2010 on H4 to continue her studies. We again applied for change of status which fortunately got approved in January 2011. She completed her master in Dec 2011 and stated working for company A in Jan 2012. Company A filed for her H1B, which got approved and started in October 1 2012. Now, we again plan to go to India but were really skeptical about the whole stamping thing.

    Questions

    1. What are the risks involved in stamping in India.
    2. Can we go to and get her stamping done in Canada or Mexico if less risk is involved?
    3. Is there any additional documentation needed before we go for stamping.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The odds are that if you go to another country to apply for an F1, they will ask you to go to India to apply. Personally, I wouldn't go out of the country unless I had to.
     
  3. Kunwar

    Kunwar New Member

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    No, she has a valid H1B approved. Now if we go out it will be for H1B visa stamping. She has been working for this company for 2.5 years now. All the questions above are for H1B visa stamping. Will it be risky die to prior F1 rejections.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is a completely different situation. She shouldn't have a problem getting an H1B - at least not as a result of the previous F1 denials.
     

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