seattleite
Registered Users (C)
I recently got married and my wife is currently in India. She already has her H4 visa. A company is ready to get her H1 done. The problem is she has her exams in May and hence has to be in India during that period. This implies that if her H1 gets approved and she enters the country on an H4 in May, she will have to go for stamping outside the country. We have two options,
1. As per the Last-Action Rule if she is in the US when her H1 gets approved and she leaves and enters US on her H4 after the H1 gets approved, then she will not have to go out for her H1 stamping as the I94 on the I797 will still be valid.
I am thinking to get her here next week, apply for premium processing and then she can go back in the first week of May.
Am I correct ?
2. Other option I am thinking of is to apply for her H1B when she is not here and then let her get H1B stamping in Oct. ( She can come on her H4 to US till then )
In this case
A. What are the chances that her H1 will get stamped ?
B. If it gets rejected or is put in waiting with 221G, Can she come to the US on her H4 ?
Thanks for the responses
1. As per the Last-Action Rule if she is in the US when her H1 gets approved and she leaves and enters US on her H4 after the H1 gets approved, then she will not have to go out for her H1 stamping as the I94 on the I797 will still be valid.
I am thinking to get her here next week, apply for premium processing and then she can go back in the first week of May.
Am I correct ?
2. Other option I am thinking of is to apply for her H1B when she is not here and then let her get H1B stamping in Oct. ( She can come on her H4 to US till then )
In this case
A. What are the chances that her H1 will get stamped ?
B. If it gets rejected or is put in waiting with 221G, Can she come to the US on her H4 ?
Thanks for the responses