H1 effective date incase of queries

M

maheshkc

New Member
Hi,

My wife is on H4 in U.S.A. We have applied for her H1 and INS sent a query about her qualifications. We are given about 3 months time to answer the query. My wife is planning to go to India for a month and then planning to answer the query well with in the given dead line. The question is that when we answer the query in the future and it gets approved, what would be effective date. Would it be the October 1st(which we requested at the time of application) or the date on which they are going to approve the case. If it is October 1st, we are worried that the approval would be invalid because she would be going to india and coming back with a new H4- I-94. Do we need to worry if she plans to go to india.

Any information would be greatly appreciated.
 
maheshkc said:
Hi,

My wife is on H4 in U.S.A. We have applied for her H1 and INS sent a query about her qualifications. We are given about 3 months time to answer the query. My wife is planning to go to India for a month and then planning to answer the query well with in the given dead line. The question is that when we answer the query in the future and it gets approved, what would be effective date. Would it be the October 1st(which we requested at the time of application) or the date on which they are going to approve the case. If it is October 1st, we are worried that the approval would be invalid because she would be going to india and coming back with a new H4- I-94. Do we need to worry if she plans to go to india.

Any information would be greatly appreciated.
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It would be the "Start Date" requested on the I-129 Petition
 
Then, if she goes to india and comes back and then answer the query, would it be a problem. i.e Does she lose the approved H1.
 
maheshkc said:
Then, if she goes to india and comes back and then answer the query, would it be a problem. i.e Does she lose the approved H1.
Click to expand...

I believe she would return on H-4 status. In effect, her I-94 would reflect a validity date based on (your) 'primary' H1B Visa.
When she ultimately receives her H1B Approval, her status will change (from H4 to H1B), and she would be issued a new I-94 (contained at the bottom of the I-797 Approval Notice); she can then continue to remain in the US, until her visit abroad - when she would need to get a Visa stamp in her Passport.

PS: When you send info./evidence asked for, make sure that you include the latest I-94 info. (include a copy)
 
Somebody told me that one cannot go out of USA if H4 to H1 application is pending with USCIS. Is this statement correct.
 
I am not sure, dude; you may check with your Attorney.

maheshkc said:
Somebody told me that one cannot go out of USA if H4 to H1 application is pending with USCIS. Is this statement correct.
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However, I believe it should not make any difference - atleast because it is the same (Non-Immigrant) "H" Category.
 
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