H4 - H1 issue

K

Kavbop

New Member
Hi,
I am currently in the USA on H4. My Indian company had already applied for my H1 & the papers are with the company - which allows me to work from April 2004 onwards. However, i did not get the H1 stamped, but came here on H4. Now, the company wants me to go to Canada/Mexico & get my H1 stamped. Will this be a problem? Can i get the H1 stamped?
If my H1 is rejected, can I get to USA on H4?
Need a quick reply - thanks.
 
Well if you want to work you will have to leave the country and get H1 stamped, otherwise all the work will be illegal. the second option is to file Change of status from H4 to H1 with the current approval. It takes 4-6 mths at least to get that done.

The risks are there for you to get the stamp, but if the paperwork is in order you should be fine. When u apply for visa abroad previous visa is cancelled, so u cannot return on H4 but can apply again for H4 with supporting documents.
 
Kavbop said:
Hi,
I am currently in the USA on H4. My Indian company had already applied for my H1 & the papers are with the company - which allows me to work from April 2004 onwards. However, i did not get the H1 stamped, but came here on H4. Now, the company wants me to go to Canada/Mexico & get my H1 stamped. Will this be a problem? Can i get the H1 stamped?

--- you can try Canada Mexico but if H1 Visa stamp Rejected in Canada Mexico , you cant enter US from Canada or Mexico you have to go directly to India, Best option go to India, get H1 Stamp enter on H1 status and start working.
If my H1 is rejected, can I get to USA on H4?
Need a quick reply - thanks.
Click to expand...
--- As the other poster suggested to file again H4 to H1 Change of status you can do that but you will NOT be able to start working till you get your COS approved. COS is taking 3-5 months at this time and depends on service center
 
friends,

What's this new (Change of Status) COS business ? I am a little out of touch with immigration issues, so please bear with my ignorance. This COS was not required a few years back when one converted from H4 to H1. Am I missing something ?

My wife entered US on H4, found a job in 6 months, got a H1 and started working. Then she went to mexico after working for a year and then had her visa stamped. But all this was in 1999. So, did anything change recently ? Isn't the visa stamp only for entry into the US ?

thanks,
gxr
 
well COS business for your wife was taken care of when she applied for H!. in this case this woman entered on H4 after the H1 was approved, so she has H4 status, whereas if she had not left for India she would have had H1 status as appproved by INS. now to start working she cannot just use the olld H1 approval, but either needs to travel abroad to get H1 stamp, or apply to USCIS for COS to H1 from H4.
 
Ok. So, In that case if she enters on H4 and then applies for a H1, then she can start working asap (after the H1 approval). Is that a correct understanding ?
 
Thanks for all the answers. This clarifies the situation for me. I have another question, but will defer that to another thread.

-gxr
 
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