H4 to H1B Stamping

[spider]

I am in H4 Visa for 1 year. My H4 Visa expires on July 25, 2008. I applied for my H4 extension along with my husband's H1B extension on March 2008 and I got my H4 extension also (but did not get staming in PP as of now). New H4 expires on November 2009.

I applied for my H1B this year. By God's grace, my H1B is also approved. As others, I will be getting my Form I-797 on October 2008. My plan is to apply for SSN after getting my Form I-797 which would again take 3-4 weeks. Planning to start working on Dec first week of 2008.

My questions:

1) Can I work after getting my SSN and go for stamping June 2009? (My sister is saying that I have to get stamping before starting to work as this is a change of status from H4 to H1B)

2) Either case, if I go for stamping, there would be a time lag between July 25, 2008 to Dec 2008/June 2009 in my visa. I know I am not in an out-of-status as I have my H4 extension. But would there be any problem in getting my H1B visa stamped?

3) Can I go to Mexico and get the stamping? (Again sister is saying that this is from H4 to H1B and this is the first time, stamping can be done only in home country)

Thankyou all in advance for your time and consideration.

[txh1b]

If you have a H1b that was a COS, you have no choice but to work from October 1st and get paid all the time. Applying for a SSN has got nothing to do with getting paid. You will be on H1b status irrespective of having a SSN or not.

I797 will come soon but will have a date of Oct 1st. If a COS is approved, no stamping is needed. This is if you get I797A with an attached I-94.

If not a COS, you have a choice to be on H4 and get a visa stamp and re-enter when you are ready to work.

When a COS is approved you no longer will be on H4 status and hence if you don't work, you will be out of status. Regarding Mexico stamping, yous sister is partly right but there are many people that get stamping from Mexico/Canada without any issues.

[spider]

Thanks

Thanks for your kind reply. I believe COS you mention here is Change Of Status.

[DMX17]

Thanks for your kind reply. I believe COS you mention here is Change Of Status.

Yes.