H4 or H1

[mobeen.irfan]

Hi my wife got her H1 petetion approved and she is in india now. She will be resigning her job and will be comming on H4. Can she transfer her h1 petettion once she came to US and will be eligible to work here? Will there be any problem when she go to india for a visit and commign back?
Your help will be appriciated.

Thanks

[raghvi]

Hi my wife got her H1 petetion approved and she is in india now. She will be resigning her job and will be comming on H4. Can she transfer her h1 petettion once she came to US and will be eligible to work here? Will there be any problem when she go to india for a visit and commign back?
Your help will be appriciated.

Thanks

Has she already got her H1 stamping done? When in US on H4 a different employer can use the approved petition to file a COS for her to H1 and she can work on H1. But if and when she travels back to India after her COS to H1 and she wants to return to US on H1 and if she doesnt have a H1 stamped she would need to get a new H1 stamped in order to work.

This is my opinion not legal advice.

[kabkaba]

Yes, another employer can file a cap-exempt petition for her. She can start working only after change of status is approved. She should not leave the US while this petition is pending. If she leaves afterwards and wants to return in H1 status, she will need to apply for H1 Visa at a consulate.

[mobeen.irfan]

No she did not went for H1 stamping(she just got her approved petetion), she will be going for H4 now and then she will resign her job and come here. Once she come I will need to contact some consultant to get her petetion trnsferred.