H1 / H4 question

snvemuri

Registered Users (C)
Hi All,

I would like to get some expert comments on using H1 /H4

My wife got H-1b and H4 visa stamps in her passport last year (H-1b from consultant and later H-4 after marriage).

She used H4 to enter USA (thinking that she might get GC/EAD soon -
but with retro (India) we are looking for other options).

Her company didn't cancel her H1 and employer is willing to start her working.

Can she use the existing H1-b visa now to work or she needs to get H-1b visa stamped again ? she has original h-1b visa till 2008.

or she has to just re-enter US with a new I-94 on H-1 ?

Any other possible options ?

Thanks for all ur inputs
 
Do COS from H4 to H1, it will come with an I 94. No need to go out side of USA. Presently she is only H4 status and can not work. Previous valid stamping in the pp does not change the status


snvemuri said:
Hi All,

I would like to get some expert comments on using H1 /H4

My wife got H-1b and H4 visa stamps in her passport last year (H-1b from consultant and later H-4 after marriage).

She used H4 to enter USA (thinking that she might get GC/EAD soon -
but with retro (India) we are looking for other options).

Her company didn't cancel her H1 and employer is willing to start her working.

Can she use the existing H1-b visa now to work or she needs to get H-1b visa stamped again ? she has original h-1b visa till 2008.

or she has to just re-enter US with a new I-94 on H-1 ?

Any other possible options ?

Thanks for all ur inputs
 
snvemuri said:
Hi All,

I would like to get some expert comments on using H1 /H4

My wife got H-1b and H4 visa stamps in her passport last year (H-1b from consultant and later H-4 after marriage).
---------------she got H1B stamp based on H1 approval of XYX company and she has H4 visa stamp based on spouse of H1 holder
She used H4 to enter USA (thinking that she might get GC/EAD soon -
but with retro (India) we are looking for other options).
-------------if she used H4 visa stamp and get I-94 H4 based then she is on H4 status
Her company didn't cancel her H1 and employer is willing to start her working.
---------------- if you stay near to border then she can go out and when enter she need to show valid H1 Visa stamp and she should get I-94 based on H1 visa.
Can she use the existing H1-b visa now to work or she needs to get H-1b visa stamped again ?
-------------she came on H4 and her status is H4 she cant work on H4 status. if she has valid H1B visa stamp in her passport just go to Canada/Mexico border and enter with valid H1 Visa stamp (better she should take the Employer letter)

she has original h-1b visa till 2008.

or she has to just re-enter US with a new I-94 on H-1 ?
--------------Yes, reenter US on H1 status and get I-94 based on H1.
Any other possible options ?

----------Other poster suggested you to go for H4 to H1 COS it will take more time and will be Costly then going out and entering US on H1

Thanks for all ur inputs
 
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