H4 to H1B YEAR 2014. Really need clarification. Please help.

[nalandev123]

Hello,

I have questions, could somebody help? I am really in helpless situation,

here are my situation, I am married, my wife is with me on H4 visa and she came to USA on June 2014 while her H1 petition was on pending approval. Her H1 is sponsored by an american consultancy and she got through the lottery this year 2014. She has got the H1B approved on August 2014. Below are my questions,

1. My wife has received her H1B approval document without I94(In i797B). Her i94 of H4 is expiring on November 5th which is aroung 40 more days away. My question is can she start working for her employer or new client from October 1st with the approval document?

2. Can she continue working even after November 5th which is the day her current i94 expires? If she can't what's the solution?

3. If she can work after her i94 date, will it be legal?

4. I tried applying SSN for her with the approval document i797B, but the social security administration denied the request, and they need i766 card which will be provided by US immigration. How can i get it? Should approcah immigration to get it applied?

5. Somebody suggested that she has to leave the country and get the H1B stamped and enter tha country with new I94 to avoid all the headaches. If we decide to get the stamping, can she go to other countries for stamping instead to home country. For your info, her visa has been applied through consular process.

[raghvi]

Hello,

I have questions, could somebody help? I am really in helpless situation,

here are my situation, I am married, my wife is with me on H4 visa and she came to USA on June 2014 while her H1 petition was on pending approval. Her H1 is sponsored by an american consultancy and she got through the lottery this year 2014. She has got the H1B approved on August 2014. Below are my questions,

1. My wife has received her H1B approval document without I94(In i797B). Her i94 of H4 is expiring on November 5th which is aroung 40 more days away. My question is can she start working for her employer or new client from October 1st with the approval document?

2. Can she continue working even after November 5th which is the day her current i94 expires? If she can't what's the solution?

3. If she can work after her i94 date, will it be legal?

4. I tried applying SSN for her with the approval document i797B, but the social security administration denied the request, and they need i766 card which will be provided by US immigration. How can i get it? Should approcah immigration to get it applied?

5. Somebody suggested that she has to leave the country and get the H1B stamped and enter tha country with new I94 to avoid all the headaches. If we decide to get the stamping, can she go to other countries for stamping instead to home country. For your info, her visa has been applied through consular process.

Visa, status, petition are different things. Currently she is on H4 and would remain on H4 till her H4 I-94 is valid OR till another status I-94 is approved by USCIS.

1. No, unless she has an H1 associated I-94 her status would not automatically change to H1 from 01-Oct-2014.
2&3. As she cannot work on 01-Oct-2014 without first converting her status to H1, where is the question of her working on Nov 5th or beyond.
4. She is going to remain on H4 unless a Change Of Status to H1 is approved or she leaves US get H1 stamped and return. H4 are not eligible for SSN.
5. Generally first time H1B samping has to happen in home country, if not having done any education in US.

Have you tried getting the employer/their legal team to answer these questions?

This is my opinion not legal advice.