H4-H1 adjustment of status and stamping - Please help

[amitrk]

Hi,
My wife applied for H4 and H1 from India almost at the same time (in May this year). She got her H4 visa stamped this July and is still waiting for her H1 approval. She will be coming to US this October on H4. After she comes here, I would be applying for her Adjustment of Status from H4 to H1, which probably could take 3-6 months.

So, my question is - Could she start working in the US after her adjustment of status without an H1 visa stamp or would she have to go out of US for visa stamping before starting to work in the US?

The reason I am bringing up this question is because she applied for H1 from India, not from the US. I had read somewhere that if someone applies for H1 from India, then one has to get the visa stamped before starting to work.

Thanks for all your help.

 

[ginnu]

Hi,
My wife applied for H4 and H1 from India almost at the same time (in May this year).
--------------H4 applied FROM India ???or get H4 visa stamp from US consulate in India based on your H1 status

She got her H4 visa stamped this July and is still waiting for her H1 approval.
-----it seems she got H4 visa stamped in her passport and the US employer who filed H1B for her has not got the H1 approved for her from USCIS

She will be coming to US this October on H4.
After she comes here, I would be applying for her Adjustment of Status from H4 to H1, which probably could take 3-6 months.
------------- H4 to H1 is NOT Adjustment of Status. it seems you mean to say Change of status from H4 to H1, but YOU cant do it is US employer who can file H4 to H1 Change of status if employer has job for her and she cannot work till H4 to H1 COS gets approved with I-94 attached with H1 approval notice
So, my question is - Could she start working in the US after her adjustment of status without an H1 visa stamp or would she have to go out of US for visa stamping before starting to work in the US?
--------- if her COS is approved and her H1 approval has new I-94 attached then she can work and remain in US till I-94 expiry date.

The reason I am bringing up this question is because she applied for H1 from India, not from the US.
------------how SHE can apply H1 from India? she only sent the papers to US employer so that US employer can file H1 for her. H1 petition is filed by US employer in US with USCIS service center and once it gets approved employer sends H1 approval and person gets H1 visa stamp then entres on H1 status to work with US employer who filed his/her H1 petition

I had read somewhere that if someone applies for H1 from India, then one has to get the visa stamped before starting to work.
------------ read above
Thanks for all your help.

 

[great guru]

Hi,
My wife applied for H4 and H1 from India almost at the same time (in May this year). She got her H4 visa stamped this July and is still waiting for her H1 approval. She will be coming to US this October on H4. After she comes here, I would be applying for her Adjustment of Status from H4 to H1, which probably could take 3-6 months.

So, my question is - Could she start working in the US after her adjustment of status without an H1 visa stamp or would she have to go out of US for visa stamping before starting to work in the US?

The reason I am bringing up this question is because she applied for H1 from India, not from the US. I had read somewhere that if someone applies for H1 from India, then one has to get the visa stamped before starting to work.

She applied H1 while she is in india, mean time she got her H4 stamped and entering in to US with H4 visa next month. She will be waiting for her new H1 to get approved to start her work in US.

The catch is , even her previously applied H1 approved , she can not start the work, she has to get her visa stamped and enter again to US to get I 94 with caveat H1 to start her work.

The approved H1 is a new one and it is not a change of status. If she want to start working without leaving US, she has to apply H1 once again, which comeS under quota as change of status while she is in H4 IN US ( earlier H1 approved IS not activated, SO it goT wasteD).
Thanks for all your help.