H4 and H1 under FY2006

[qj123]

All,

I have my H1 approval and have an appointment with consulate in September. I have booked my wife's appt. as well for H4. Although, there is a seperate H1 in progress for her, the approval is not likely to come before our appointment (regular processing). My question is:

Can she travel to US on H4 and start working when her H1 approval comes without getting it stamped on her passport?

The reason I ask this is because in my H1 approval notice, I saw only two options of H1 approval -
a) consular processing, which requires you to appear in the interview at one of the Indian consulates and
b) Change of status which does not require stamping.

I am confused since her H1 was applied while she is still in India and cannot be considered a change of status.

Any help would be much appreciated!

 

[great guru]

All,

I have my H1 approval and have an appointment with consulate in September. I have booked my wife's appt. as well for H4. Although, there is a seperate H1 in progress for her, the approval is not likely to come before our appointment (regular processing). My question is:

Can she travel to US on H4 and start working when her H1 approval comes without getting it stamped on her passport?

If it is a new h4 she can travel to US along with you. But she can not work once the H1 is approved. She has to go out of USA to get visa stamped and come back with new I 94 with citation H1B to get a Social Security Number to start working.

The reason I ask this is because in my H1 approval notice, I saw only two options of H1 approval -
a) consular processing, which requires you to appear in the interview at one of the Indian consulates and
b) Change of status which does not require stamping.

You are not doing any change of status. Your wife applied for a new h1b through a sponser before this h1 approval she came to US on H4 which is non-working visa. To change the status, you have to apply another new H1 citing this H4 reference to change the status. In this case you need not go out side US to stamp. But this change come under Yearly quota and untill it get approved she can not work.
I am confused since her H1 was applied while she is still in India and cannot be considered a change of status.

Any help would be much appreciated!