h4 to h1 urgent

[madhuvorug]

Hi

My wife came here on H4 and she got her her H1 approval this year.We want to travel India in Nov and she is planing to attend Ottowa consulate before going to india.My question is can she enter back to US on her H4 even if her H1 visa is denied.She got her h4 visa valid till jan 2009.Please suggest

[leifbooger]

Im not sure if she can enter back into the US on the H4. but make sure you got paystubs before you go to ottawa to stamp the passport.

[AndrewWilson]

If her paperwork was filed as a chnage of sttaus to H-1B, she could not come back as an H-4 if her H-1B visa is denied in Canada. If her H-1B visa was denied under those circumstances, she would need to return to her home country for the H-1B visa or new H-4 visa alternatively.

If the H-1B was not filed as a change of status, but rather can only be activated for employment with the issuance of a visa and I-94, she is still in H-4 status until she leaves, obtains a visa sand returns in H-1B status. If her h-1B visa was denied in that scenario, she could still return as an H-4.

The difference is that she becomes an H-1b automatically under the change of status request, but does not become an H-1B if no chnage of status was requested until she obtains the visa and enters under her H-1B I-94.

Regards,

Andrew M. Wilson