H4 to H1 and Travel to India

[javaconsultant]

Hi All,

I need urgent help !

My wife is on H4.She applied for H1B in May 2006 and got it approved on Aug 2006. She went to India on vacation from US in July 2006 and would come back to US in Sept 2006 on H4 Visa stamped at Delhi consulate.

Can she work on H1 approval even though she would be entering on H4 Visa with her I-94 mentioning h4 ?

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.

any suggestions.

Thanks !
javaconsultant

 

[ginnu]

Hi All,

I need urgent help !

My wife is on H4.
She applied for H1B in May 2006 and got it approved on Aug 2006.
She went to India on vacation from US in July 2006 and would come back to US in Sept 2006 on H4 Visa stamped at Delhi consulate.
--------- did she applied from H4 to H1 Change of status? if that was change of status you need to read:
"Change of status is abondned"
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

Can she work on H1 approval even though she would be entering on H4 Visa with her I-94 mentioning h4 ?
--------- if she enter on H4 visa then she will get I-94 till H4 visa stamp and she cant work on H4.

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.
---------- that is correct. she needs to enter on H1 status to work on H1

any suggestions.

Thanks !
javaconsultant

 

[javaconsultant]

Thanks.