Does one need to go out to change H4 to H1

[sumeet1509]

My wife is on H4. She hs been offered a job and the employer has petitioned INS for a change to H1. When INS does authorize the change, will she be able to start work immediately? or, will she have to go out of USA to get a visa? If she can start work immediately, but cannot re-enter USA without visa, how long will the INS authorization letter be valid?

 

[jaxen]

She need not go out to get the stamp unless

there isn\'t a new I94 with the h1 approval. She can start working immediately after the approval date. This will be valid till the I94 expiry date. However once she goes out of US, she needs to get the stamp so as to enter again in H1 into US (and get a new i94)

 

[sumeet1509]

Does she have to send her I94 along

Thanks.

Does this mean that she has to send her existing I94 along with the application for change of status, so that they will give her a new I94?