H4 to H1, change of status

H

h1b-h4

New Member
My wife, while she was in India (before marriage), got her H1 approval notice (software consultant). After we got married we decided to go with the H4 stamp since it was safer as compared to H1.

Now she is in US on H4 and her H1 approval (without I-94) is still valid and we would like to change the status to H1 by using the form I-539. Anybody done this, what are the pros/cons with this. Does she need to get H1 stamp before she can start the work.

Or should we file for a new H1 in April. Please help.
 
Your previous H1 approval is piece of paper you can not do anything with it inside US.

However you can go out and get it stamped the same H1 and re enter US with new I-94 caveat "H1B", to start working. Or you can ask your employer to change the status from H4 to H1 showing previously approved H1 so that it will not come under Cap.


h1b-h4 said:
My wife, while she was in India (before marriage), got her H1 approval notice (software consultant). After we got married we decided to go with the H4 stamp since it was safer as compared to H1.

Now she is in US on H4 and her H1 approval (without I-94) is still valid and we would like to change the status to H1 by using the form I-539. Anybody done this, what are the pros/cons with this. Does she need to get H1 stamp before she can start the work.

Or should we file for a new H1 in April. Please help.
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