Need Help on H1 B Stamping

[harinelabottla]

Hi,

My wife has H4 stamping valid till 2012 JAN as i have valid H1 B visa till that point of time. I applied H1 B to my wife for 2010 and it got approved and that starts from Oct 1st 2010. Unfortunately, we need to travel to India as part of emergency on Nov 2nd week and still in India only.

I have one query:

Can my wife travel to USA with her H4 stamping and start working there or she need to have H1 visa stamped on her passport.

Please confirm as we are stuck in India with this situation.

Thanks,
Hari

[shervin143]

Every visa has its own purpose. If she want to work in U.S, then she need to enter in H1B visa. If she enters in H4 visa, her status will be H4 and H4 cannot work.

Alternative is to enter in H4 visa, apply for a COS from H4 to H1B again and when that gets approved, she can work.

[harinelabottla]

Need Help on H1 B Stamping

Thanks for the reply. Can you please explain the alternative option more ?

Thanks,
Hari Krishna

[shervin143]

The employer will need to file a change of status from H4 to H1B again. It will take anywhere between 2-6 months (recently there is a lot of delay) by normal process and 15 days by premium (additional $1000). She will not be able to work until the COS gets approved.

Thanks for the reply. Can you please explain the alternative option more ?

Thanks,
Hari Krishna

[txh1b]

Was the approval to H1b a Change of status from October? If so, she should be working and getting paid now.

[kkinusa]

To work, she needs to be on H1B. If you enter the country with the intention of working but get I94 on H4, that is fraud.

Enter on H4, apply for COS to H1B and work as per approval.

Or go for H1B stamping, enter on H1B.

Use this information with your own judgement, I am not an immigration lawyer.

[txh1b]

If you enter the country with the intention of working but get I94 on H4, that is fraud.

Working is illegal. Intent to work is not an issue as long as the work happens after the H1b approval.