H4 To H1B Filling Queries- Urgent Help Needed

[nikhilnicks]

Hello All,

I am planning to apply for my wife's H1B in 2015 quota. My wife is currently on H4 status and want to travel to India in month of April this year for a vacation 2-3 months. I have couple of queries which I would like to get clarified before I apply for H1b petition.

Queries
1. Can she travel outside after applying for h1b application in this year's quota?
2. If her application gets picked, can she come back to US on H4 before decision is made on her case?
3. Will she get new I-94 when decision is made on her case or She have to go to India get h1b stamped as she had traveled to India when case was picked?
4. Suppose she has to go to India to get her h1b stamping before she starts working and RFE comes on her case, can I apply for H4 Visa immediately considering RFE wont be cleared?
5. Can I apply for H4 Visa if their is RFE on H1B Visa stamping.

Please help me as I am really confused to make my decision.

Thanks in advance

[raghvi]

Hello All,

I am planning to apply for my wife's H1B in 2015 quota. My wife is currently on H4 status and want to travel to India in month of April this year for a vacation 2-3 months. I have couple of queries which I would like to get clarified before I apply for H1b petition.

Queries
1. Can she travel outside after applying for h1b application in this year's quota?
2. If her application gets picked, can she come back to US on H4 before decision is made on her case?
3. Will she get new I-94 when decision is made on her case or She have to go to India get h1b stamped as she had traveled to India when case was picked?
4. Suppose she has to go to India to get her h1b stamping before she starts working and RFE comes on her case, can I apply for H4 Visa immediately considering RFE wont be cleared?
5. Can I apply for H4 Visa if their is RFE on H1B Visa stamping.

Please help me as I am really confused to make my decision.

Thanks in advance

When is the H4 visa stamp in her passport expiring?

[jsbonline2007]

Hi,

Currently I am in US and on H1B. My wife is in India on H4 valid till 30-SEPT-2015. Now her employer has applied for H1B.

1) My question is suppose her H1B gets selected in Lottery will she be able to come to USA on H4 in June/July-2015 ?
Do you think there will be any issue for her coming to US on H4 when she gets selected in lottery?

I know she can work on her H1 only after 1-oct-2015.

2) After Oct 2015, What steps she needs to take to change her status from H4 to H1?

Thanks in Advance,
Jayesh

[nikhilnicks]

When is the H4 visa stamp in her passport expiring?

Her stamping is over in Sept 2013. She got her h4 extended till Sept 2016. Now i have done my H1B transfer to another org. So we both have got approvals till Sept 2018.
So she is planning to go to India and get her H4 stamped.
Can you please let me know answer to my queries, I really need your suggestion.

[raghvi]

Hi,

Currently I am in US and on H1B. My wife is in India on H4 valid till 30-SEPT-2015. Now her employer has applied for H1B.

1) My question is suppose her H1B gets selected in Lottery will she be able to come to USA on H4 in June/July-2015 ?
Do you think there will be any issue for her coming to US on H4 when she gets selected in lottery?

I know she can work on her H1 only after 1-oct-2015.

2) After Oct 2015, What steps she needs to take to change her status from H4 to H1?

Thanks in Advance,
Jayesh

1. Yes. I dont see any issues in her being allowed entry on a valid H4 because of her H1. Typically if a person files H4 to H1 as Change Of Status and then leaves US before the COS is approved, the COS in itself gets abandoned, the H1 petition might still be approved as Consular Process based upon the merits of the H1.
2. Her employer would have to file a H4 to H1 COS again.

This is my opinion not legal advice.