h4 stamping in september,please help

[vinumohan]

Hi All,

My wife moved from F1 to H4 last year. Now she has her H1 approved.

H4 approval date Sep 2007.
H1 approval date June 2008, start date OCT 1.

We are traveling to our home country next week.

1)Can she get her H4 stamped and return in September,though her H1 approval was on a date after H4 approval.

2) Does she have to do a COS to start working from OCT 1, or will she be able to work from OCT1 automatically.

Thanks for your reply.

Vinu mohan.

[txh1b]

Yes. But her status will change to H1 automatically in Oct due to Efren Hernandez memo. If she does not want to work on H1b currently, she should enter only after Oct 1st on H4. She can go back to local USCIS office to get a new I-94 with the same number showing H1b status on or after Oct 1st.

[vinumohan]

Thanks txh1b.

Two more questions

Say if she enters after Oct 1st,

1) How long does it take for COS approval.
2) Can she start working when she applies for her COS or does she have to wait till the approval process.

Vinu Mohan.

[txh1b]

2-6 months. Check processing form for I129 on USCIS. She has to wait till COS approval and if she enters before Oct 1st, she has to get paid on H1b from Oct 1st.