I am in H1 in US , Currently My Wife has a H4 dependent Visa and is in India. Her employer from India is processing H1B and it has got selected in this year lottery and got approved. Her employer
is telling that she might not be sent in Oct 1st 2013 as there are no opportunities this year. Now she has both H1 and H4 Visa stamped in passport. So my questions are
1st approach
1. Can she travel on Oct 1 st with H4 Visa or should we file a Change of status from H1 to H4 and wait till we hear back from USCIS and then travel from India to US when the H4 is approved once
again.
2. Does she need to go for H4 stamping once again ( My H1 employer has not changed and her passport has my current H1 petition number valid through 2015)
3. How much time does it take for her for Change of Status from H1 to H4.
4. can we hold both H1 and H4 Visa while travelling back from India ( no change in employer)
2nd approach
5. Once we have the Petition documents and a copy of 1-797 , Can we not get the H1 stamped so that she stays in H4 only . With this can she travel to US immediately.
6. Once she gets an opportunity here , do we need to go for stamping for H1 once again or can she work with the new I-94 that will be provided to her with new oppurtunity.
Please let us know which approach will be good
Thanks in advance.
is telling that she might not be sent in Oct 1st 2013 as there are no opportunities this year. Now she has both H1 and H4 Visa stamped in passport. So my questions are
1st approach
1. Can she travel on Oct 1 st with H4 Visa or should we file a Change of status from H1 to H4 and wait till we hear back from USCIS and then travel from India to US when the H4 is approved once
again.
2. Does she need to go for H4 stamping once again ( My H1 employer has not changed and her passport has my current H1 petition number valid through 2015)
3. How much time does it take for her for Change of Status from H1 to H4.
4. can we hold both H1 and H4 Visa while travelling back from India ( no change in employer)
2nd approach
5. Once we have the Petition documents and a copy of 1-797 , Can we not get the H1 stamped so that she stays in H4 only . With this can she travel to US immediately.
6. Once she gets an opportunity here , do we need to go for stamping for H1 once again or can she work with the new I-94 that will be provided to her with new oppurtunity.
Please let us know which approach will be good
Thanks in advance.