H1 approved, but on H4 expiring in Sept 2007

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visaseeker03

Registered Users (C)
Hello,
We got Married in Feb 2007 and my wife got her H4 stamping in May and entered US in May. She has her H4 approval till Sept 30th 2007 since my H1 visa expires on Sept 30th 2007. Since she was working in her home country i applied for a H1 visa and she has now received her I-797 approval notice with a start date of Oct 1st 2007.
Now my question is can she apply for a change of status from H4 to H1 and start working in US from Oct1st 2007?
Regards
Visaseeker
 
I do not understand - why apply for anything? Everything approved already. She will be on H-1 till Sep 30, then on H-1 since Oct 1, she should just start working on Oct 1st...
 
Sorry, that i missed stating my query in detail.

She is currently on a H4 visa and she has her I-94 stamping till Sept 30 2007. She now has recieved her H1 approval notice with a start date of Oct1st 2007.

So, can she now apply for a change of status from H4 to H1 and start working from Oct1st 2007?
 
visaseeker03 said:
Hello,
We got Married in Feb 2007 and my wife got her H4 stamping in May and entered US in May. She has her H4 approval till Sept 30th 2007 since my H1 visa expires on Sept 30th 2007. Since she was working in her home country i applied for a H1 visa and she has now received her I-797 approval notice with a start date of Oct 1st 2007.
Now my question is can she apply for a change of status from H4 to H1 and start working in US from Oct1st 2007?
Regards
Visaseeker
Click to expand...

was her H1 filed when she was out of US or in US
if she was in US did her employer file H4 to H1 change of status? did she got H1 approval with I-94 attached(lower right side of H1 approval?

if she does not have I-94 attached with H1 approval notice and want to work on H1 then she can go out of US get H1 stamp and enter on H1 status
 
>>Was her H1 filed when she was out of US or in US
Her H1 was filed when she was in her home country

>> if she was in US did her employer file H4 to H1 change of status? did she got H1 approval with I-94 attached(lower right side of H1 approval?
No, COS was not applied as she entered US in may 2007.

>> If she does not have I-94 attached with H1 approval notice and want to work on H1 then she can go out of US get H1 stamp and enter on H1 status
But my consultant is saying that we can apply for a COS since she is in US now. So, kindly please advise me if this is possible.
 
visaseeker03 said:
>>Was her H1 filed when she was out of US or in US
Her H1 was filed when she was in her home country

>> if she was in US did her employer file H4 to H1 change of status? did she got H1 approval with I-94 attached(lower right side of H1 approval?
No, COS was not applied as she entered US in may 2007.

>> If she does not have I-94 attached with H1 approval notice and want to work on H1 then she can go out of US get H1 stamp and enter on H1 status
But my consultant is saying that we can apply for a COS since she is in US now. So, kindly please advise me if this is possible.
------------possible, take the help of lawyer, explain every details to lawyer and COS must reach USCIS BEFORE her H4 based I-94 gets expired. also ask the consultant that will they pay after the COS is approved and she starts working and will not keep her on Bench or Table. I have seen many cases where H4 to H1 is filed and after H1 COS approval they say that till they find project they will not pay. Project or no project they have to pay it is not the job of H1 holder to find project.
Click to expand...
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compass said:
I do not understand - why apply for anything? Everything approved already. She will be on H-1 till Sep 30, then on H-1 since Oct 1, she should just start working on Oct 1st...
Click to expand...

Sorry, I was wrong, I suggested her H-1 was applied while she was being in USA, and I suggested also that approval came with new I-94 attached in the bottom - all my suggestions turned to be not true.
 
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