Traveling on h4 after applying for h1

[m_chundi]

Hi Guys,
My wife has a valid H-4 till mid of next year. She is applying for her H-1 today. Can she travel on her H-4(I-94) to India. What happens if the H1 is approved before she comes back? Can she enter using her H-4

If her H-1 is approved, and her employer doesnot pay her and she doesnot join them, is the H1 considered as lapsed and she has to reapply for H-4? Does she have to show payroll for the duration of H-1B (say 2 months) while applying for H-4?
Thanks and appreciate ur response.
--murali

[gp111]

Originally Posted by m_chundi

Hi Guys,
My wife has a valid H-4 till mid of next year. She is applying for her H-1 today. Can she travel on her H-4(I-94) to India. What happens if the H1 is approved before she comes back? Can she enter using her H-4

If her H-1 is approved, and her employer doesnot pay her and she doesnot join them, is the H1 considered as lapsed and she has to reapply for H-4? Does she have to show payroll for the duration of H-1B (say 2 months) while applying for H-4?
Thanks and appreciate ur response.
--murali

Yes she can surely Travel. She will be on H4 if she re-enters US using H4 unless you send the H1 approval to India,she gets stamped there & uses that for entering US. In that case she will be on H1.

If She does not have job / pay as per H1 approval, she may be considered as out of status & has to reapply for Change of status to H4 ( if converted to H1 already & entered using that).. If entered using H4 & not used H1 till start getting paid / start Job she should be fine.

[m_chundi]

Originally Posted by gp111

Yes she can surely Travel. She will be on H4 if she re-enters US using H4 unless you send the H1 approval to India,she gets stamped there & uses that for entering US. In that case she will be on H1.

If She does not have job / pay as per H1 approval, she may be considered as out of status & has to reapply for Change of status to H4 ( if converted to H1 already & entered using that).. If entered using H4 & not used H1 till start getting paid / start Job she should be fine.

Thanks GP111,

How much time does she have before she has to revert to H4 ?(say she came back using her H-4) Will this be an issue if she reapplies for a H-1 later on? She is currently doing her M.S, so she can move to F-1 too and get OPT Next year(Mid) if need be. R there any issues in applying for H-1 if one wants to shift to F-1?

[nkm-oct23]

Travelling when a change of status is pending can lead to unpleasant situations. For example if your wife's new H1 is approved before she enters US on her H4, her status will be considered H4 and she cannot begin to work unless she applies to change from H4 to H1 again. The last issued I-94 (whether issued at POE by immigration official or by approval notice) prevails. In your wife's case if she enters on H4 AFTER her H1 gets approved, she will be considered to be in H4, not H1. Proceed with caution.

[m_chundi]

Originally Posted by nkm-oct23

Travelling when a change of status is pending can lead to unpleasant situations. For example if your wife's new H1 is approved before she enters US on her H4, her status will be considered H4 and she cannot begin to work unless she applies to change from H4 to H1 again. The last issued I-94 (whether issued at POE by immigration official or by approval notice) prevails. In your wife's case if she enters on H4 AFTER her H1 gets approved, she will be considered to be in H4, not H1. Proceed with caution.

Thanks nkm,
We r leaning towards not filing the H-1 and pursue the F Visa option later on. In case we file r there any issues at POE if the H-1 is already approved?