H4 and H1 at same time - Travel out of US

[Varadan73]

Hello everyone,

Thanks to everyone for keeping this site as one of the premium portal that helps lot of people on immigration issues. I have few questions regarding my wife h4 visa and expected h1 visa, If someone have answer to my query that would be great.

My wife is currenly in H4 visa, she applied for new H1 visa in July 2005. I guess it would be filed before 2nd week of August. She is planning to goto India in OCT and come back to US in Nov.

1) Anyidea when she approximately get her H1 approval?
2) Suppose she gets her H1 approval while she is in india, what should be done in order to come to US, whether to get H1 Stamping or use H4?
3) Will there be a problem in port of entry if she comes with H4 visa?


Thanks
Varada

 

[ginnu]

Hello everyone,

Thanks to everyone for keeping this site as one of the premium portal that helps lot of people on immigration issues. I have few questions regarding my wife h4 visa and expected h1 visa, If someone have answer to my query that would be great.

My wife is currenly in H4 visa, she applied for new H1 visa in July 2005.
---------------- was it filed H4 toH1 CHANGE OF STATUS (ask the lawyer who filed)
I guess it would be filed before 2nd week of August. She is planning to goto India in OCT and come back to US in Nov.
---------------------------------- if filed H4 to H1 change of status and the person departs US while the COS is pending then H1 petition will be Abandoned
1) Anyidea when she approximately get her H1 approval?
----------- if filed through premium processing then she can get approval in 15-20 days after USCIS recieves the petition, if not with premium processing then check service center times or search the threads
2) Suppose she gets her H1 approval while she is in india, what should be done in order to come to US, whether to get H1 Stamping or use H4?
------------------------ if she gets H1 approval then she needs to get H1 Visa stamp if she wants to work in US. if she enters on H4 then she will be on H4
3) Will there be a problem in port of entry if she comes with H4 visa?
----------- if you are on H1 status then she CAN enter on H4 status (if she has valid H4 visa stamp )

** you need to provide the info if it was filed H4 to H1 COS or not and talk to her lawyer who filed H1

Thanks
Varada