Require Information: H4 to H1 transfer

[Nishant Kumar]

Hi,

To give you a background.

I am working on H1B and my wife is currently on Loss Of Pay with a company and on H4 visa staying with me in US.
Her company has filed H1B petition and it was selected in this year lottery.

Now she has atleast 4 months (jun-sep 2015) post which she can start working on her H1B visa.

Question:
1. Does she require to go back to India for her H4 to H1 transfer or stamping?
2. If no, what all documents she require from her company to start working here.

for the 2nd question, she was working for a client before she took a loss of pay to stay with me in US. The LOP is for 1 year (till jan 2016) but if permitted she can start working by 1st October only.

Your guidance will be highly appreciated. Thanks,
Nishant

[raghvi]

Hi,

To give you a background.

I am working on H1B and my wife is currently on Loss Of Pay with a company and on H4 visa staying with me in US.
Her company has filed H1B petition and it was selected in this year lottery.

Now she has atleast 4 months (jun-sep 2015) post which she can start working on her H1B visa.

Question:
1. Does she require to go back to India for her H4 to H1 transfer or stamping?
2. If no, what all documents she require from her company to start working here.

for the 2nd question, she was working for a client before she took a loss of pay to stay with me in US. The LOP is for 1 year (till jan 2016) but if permitted she can start working by 1st October only.

Your guidance will be highly appreciated. Thanks,
Nishant

Cant understand this loss of pay you refer to. Was she working outside US and now is on LOP because she is not allowed to work while on H4?

Also, was her H1 applied as Consular process or COS?

[Nishant Kumar]

Cant understand this loss of pay you refer to. Was she working outside US and now is on LOP because she is not allowed to work while on H4?

Also, was her H1 applied as Consular process or COS?

Hi,

Thanks for prompt reply.

She is employee of Tech Mahindra now as well. When I was coming to US on my H1B in Janualy 2015, her company gave her loss of pay leave of a year (till jan 2016). Also they filed her H1B petition which got selected in lottery. So she is in US on H4 now but her H1B is selected in lottery and waiting till its processed.

Question: Will she need to go back to India for stamping? What I have heard from friends is that she need not as her eligibility to stay in US is part of H4 stamping. To make her eligible for work H1B approved is required.

So if that is the case, what will be the process for getting her H4 to H1 transfer.

Nishant

[Nishant Kumar]

Any input experts?