General H1B question

K

ksguru8

New Member

I have H1B I-797 approval from INS till Aug 11th 2008, my wife lives with me in USA on H4 Visa status(Visa stamping on my & my spouse passport is expired on Apr 2nd 2006), Now my wife is planning to apply for H1B for this year(Apr 2006). I have following questions, your early response is highly appreciated.

1. Is it possible to apply for H1B without Status change from H4 to H1B?
2. She is visiting India in December 2006, Is she has to get stamped for H1B while coming back to USA(In case her H1B I-797 is approved)?
3. She & me are visiting India in December 2006, Is it possible her to get stamp again for H4 with me(even though she has her H1B I-797 approval)?
4. Is it legal to transfer from H1B to H4 and vise versa? Is there any limitations/complications?

 
ksguru8 said:

I have H1B I-797 approval from INS till Aug 11th 2008, my wife lives with me in USA on H4 Visa status(Visa stamping on my & my spouse passport is expired on Apr 2nd 2006), Now my wife is planning to apply for H1B for this year(Apr 2006). I have following questions, your early response is highly appreciated.

1. Is it possible to apply for H1B without Status change from H4 to H1B? Yes. As a new H1

2. She is visiting India in December 2006, Is she has to get stamped for H1B while coming back to USA(In case her H1B I-797 is approved)?
If she wants to work otherwise no need.

3. She & me are visiting India in December 2006, Is it possible her to get stamp again for H4 with me(even though she has her H1B I-797 approval)? If you are not changing the status from h4 to H1 per Q1 , why do you want to stamp H4 again.
4. Is it legal to transfer from H1B to H4 and vise versa? Is there any limitations/complications? No limiation, as long as you pay INS fees and attorney charges.
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