H4 to H1 Transfer

[deepeshk79]

Hi,

Please help me with the below queries

My wife is currently on H4 Visa (Multiple entries) with me in US. She is planning to apply for H1B in April 2009.

1) She is planning to go to India in May 2009 and come back by August 2009 to US. Meanwhile, if her H1B gets approved, can she travel back to US in August 2009 on H4 and change her H4 status from H1 directly from the US Consulate ?

2) For her to work from Oct 2009, is it mandatory that she has to get her H1B stamped from India before she returns?

Please reply.

Thanks,
Deepesh

[Subramanya]

Please help me with the below queries

My wife is currently on H4 Visa (Multiple entries) with me in US. She is planning to apply for H1B in April 2009.

1) She is planning to go to India in May 2009 and come back by August 2009 to US. Meanwhile, if her H1B gets approved, can she travel back to US in August 2009 on H4 and change her H4 status from H1 directly from the US Consulate ?

2) For her to work from Oct 2009, is it mandatory that she has to get her H1B stamped from India before she returns?

---- All said and done this is what has to be done by your wife. since whe will go out on H4, when her H1 is approved it will be without an I-94. COS from H4 to H1 after she returns to US on H4 will take a minimum of 3-4 months (or longer). Until that COS is approved she will not be able to work

Subramanya