H4 to H1 during India trip

I

indgc123

Registered Users (C)
Hi,

My wife is on H4 visa which will expire in Aug 04. She is planning to make a round trip to India prior to the expiry date. We applied for H1 and H4 extns which are currently pending with the INS. Recently my wife got an offer and that empolyer is willing to sponser her H1B visa under premium processing.

1) So If her H1B visa comes through while she is in India, what visa status does she holds? (H1 or H4?).

2) Can she safely return to US before Aug 04 on H4 visa without any port of entry issues?

3) Also, since her current H4 visa expires in Aug 04, how many months prior to the visa expiration is considered to be safe to return to US?

Your help is much appreciated.

Thanks
ind
 
indgc123 said:
Hi,

My wife is on H4 visa which will expire in Aug 04. She is planning to make a round trip to India prior to the expiry date. We applied for H1 and H4 extns which are currently pending with the INS. Recently my wife got an offer and that empolyer is willing to sponser her H1B visa under premium processing.

1) So If her H1B visa comes through while she is in India, what visa status does she holds? (H1 or H4?).

2) Can she safely return to US before Aug 04 on H4 visa without any port of entry issues?

3) Also, since her current H4 visa expires in Aug 04, how many months prior to the visa expiration is considered to be safe to return to US?

Your help is much appreciated.

Thanks
ind
Click to expand...
1. H4, unless she gets H1b stamped and is in possession of 797 physically.
2. Yes she can.
3. One month is sufficient for most of the purpose.
 
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