H4 to H1 and Oct 1 2004

I

indgc123

Registered Users (C)
Hi,

I appreciate if somebody answers the following questions.

My wife is in US and changed her visa from H4 to H1 and her H1 is valid starting from Oct 1 2004.

Before she can actually take up her job on Oct 1 2004, can she visit India and come back to the US on H4 visa (i.e not H1) which is valid upto May 2005. She wants to avoid going to the US Consulate in Chennai for H1 stamping.

Question:
1) Once her H1 is approved, is it possible for her to come back to US on previous H4 visa.
2) Does she face any problems at the port of entry?

3) If she can enter US on H4, does she have to change her status again from H4 to H1 to start working from Oct 1 2004?

4) Is it ,visa transfer from H4 to H1, subject to cap?

thanks
ind
 
to work after the visit she will have to enter using H1, as the status on the last I-94 rules. If she enters on H4 she will have to apply for H1 again and then wait till she gets approval before she can start work
Since she has H1 approved she has been counted in the cap, she will need to use H1 approval to apply for COS.

FYI it takes 5-6+ mths to get COS approved.
 
Avoid non-essential travel out of US till she starts working and has atleast 6 pay stubs.

If she goes now, Indian consulates may create problem for H1 stamping.

If she has her current H4 stamped in her passport, then she can return on her H4 ( incase her H1 stamping is denied or any other problem) and reapply for H1.

Best to avoid travel now.
 
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