Can I travel on H-4 if H1B is approved

[srirami]

Hi, My wife's H1B was filed this year (April 2007) and its
approved. I have following question:

My wife is having H4 visa currently. When her H1B was filed in April 2007, she was in India. She is planning to come to US now (in July 2007).

1> Can she enter on her existing H-4 visa? I am asking this question because her H1B is already approved. But, her H1B petition is valid only from Oct 2007. I want to bring her back to US immediately because I am going to file my I-485 in this month. Please advise.

Thanks in advance for your suggestions.

[Subramanya]

H1 and H4 issues

My wife's H1B was filed this year (April 2007) and its approved. I have following question:

My wife is having H4 visa currently. When her H1B was filed in April 2007, she was in India. She is planning to come to US now (in July 2007).

1> Can she enter on her existing H-4 visa? I am asking this question because her H1B is already approved. But, her H1B petition is valid only from Oct 2007

---- Yes, she can enter US with her H4. But for working on H1 she needs to get a Vsia stamped on her Passport and I-94 for H1 to be eligible for SSN and also to start work from Oct. 2007

---- Coming to US on H4 and trying to get it changed to H1 by means of COS will not be possible and it is not a official option and as such she may (will) have to go out of the country to get the H1 Visa stamped and then enter US with a I-94 valid for H1

. I want to bring her back to US immediately because I am going to file my I-485 in this month. Please advise.

---- This has nothing to do with her H1. If she wants to work on H1 then she should have a I-94 for H1 and that is given only if she has a H1 Visa stamped on her Passport, unless she has an approved COS from USCIS from H4 to H1. This is not possible if she has applied for her H1 from India

Subramanya

[srirami]

Subramanya, thanks for your suggestion. I have two questions:

1> You said that she can enter US on her H4 visa, but she need to go out of country to get H1B stamping (if she wants to work). Does she need to go to only India or to any other country is OK (like Mexico, Canada..)?

2> If she goes for H1B stamping now (in July 2007) in India, will her H4 get cancelled? Since her H1B is valid only from Oct 2007, can she enter US now (July 2007) or she needs to wait till Oct 2007?

Thanks for your sugggestions.

[Subramanya]

H1 and H4 issues

1> You said that she can enter US on her H4 visa, but she need to go out of country to get H1B stamping (if she wants to work). Does she need to go to only India or to any other country is OK (like Mexico, Canada..)?

---- Your wife can try, but do not be surprised if she is asked to go to India for getting the Visa stamped. In such a case she may not be able to return to the US even with H4.

---- Alternately, if she is issued a 221g for some odd reason, then she is stuck with the US Consulate in Canada/Mexico and once again she may not be able to return to US

2> If she goes for H1B stamping now (in July 2007) in India, will her H4 get cancelled? Since her H1B is valid only from Oct 2007, can she enter US now (July 2007) or she needs to wait till Oct 2007?

---- The decision will purely rest with the VO at the US consulate in India. In the event they cancel the H4 Visa then she can come to the US on H1. The rule of 10 days for H1 starting in Oct. 2007 is not strictly enforcable.

---- If she does come to the US on H4 then she will have a I-94 bsed on H4 and not on H1. In this case seh has to go out of US and enter with here valid H1 at the POE and get a I-94 valid for H1

---- Thus, the better option is to get the H1 Visa stamped on the Passport in India, enter US with H1 and get a I-94 valid for H1, apply for a SSN and also start working from Oct. 2007

Subramanya

[juhisingh]

Hi Subramanya,


My case is little similar to Srirami but the only change is currently I'm in US on H4.Though we wanted to file a petition for change of status from H4-H1 coz my employer's mistake my case was filed as New H1-B.Now I got H1-B approval with out I-94.

Please give ur suggestions to my queries :

1. My employer says he will file a new I129 for change of status to get I94 for an approved H1B petition...how far is this correct to do ?
( or)
instead of applying change of status do I have to go canada or home country for H1 stamping to get the I94(Don't want to take risk going out of US as it is first time H1-B )

2.How long does it take to get New 1-94 if I file for a new I-129?

3.What are the chances of getting New I-94?How much risk is involved in this process(file for new I-94)?

Thanks in advance,
Juhi.

[Subramanya]

H4 to H1

My case is little similar to Srirami but the only change is currently I'm in US on H4.Though we wanted to file a petition for change of status from H4-H1 coz my employer's mistake my case was filed as New H1-B.Now I got H1-B approval with out I-94.

Please give ur suggestions to my queries :

1. My employer says he will file a new I129 for change of status to get I94 for an approved H1B petition...how far is this correct to do ?
( or)
instead of applying change of status do I have to go canada or home country for H1 stamping to get the I94(Don't want to take risk going out of US as it is first time H1-B )

---- This COS is not possible under normal circumstances unless you have a history of COS. By filing a I-129 if one can get a I-94, then many could have done that and need not even go out of the country. I may not be fully conversant with this requirement. Please check and also let us know if this is possible

2.How long does it take to get New 1-94 if I file for a new I-129?

---- As above

3.What are the chances of getting New I-94?How much risk is involved in this process(file for new I-94)?

---- Same Q2 is repeated with different words

Subramanya