H4 to H1 or direct H1??

G

gconmymind

Registered Users (C)
I am currently working on H1B. My wife is currently in India with approved I797 for H1B (starting Oct 07). We are debating whether to get H1 or H4 stamped on passport. (H4 is totally our decision and for H1 we need to depend on her company's schedule).

- Can she come to the US on H4 (lets say next month) and if and when she finds a job (lets say next year), can she switch to H1? Is there a time limit before H1 will become invalid?
- If she comes to the US on H4, are there any issues changing status to H1?
- Are there issues when she goes to India again to get H1 stamped?
- Is there a difference between the I797 approval notice if a person is out of US vs. in US? (I have read something about I-94. I thought I-94 is always attached to 797 approval notice).

Thanks! I appreciate any useful info.
 
gconmymind said:
I am currently working on H1B. My wife is currently in India with approved I797 for H1B (starting Oct 07). We are debating whether to get H1 or H4 stamped on passport. (H4 is totally our decision and for H1 we need to depend on her company's schedule).

- Can she come to the US on H4 (lets say next month)
************* YES if YOU are on H1 status and she gets H4 visa stamp
and if and when she finds a job (lets say next year), can she switch to H1?
*********at that time if she is in US on H4 then she need to go out get H1 stamp and then enter on H1 status
Is there a time limit before H1 will become invalid?

-----------------if she got H1 approval with job start date of october and she did not goes for visa stamp after job start date 6-month or 1 year then consulate officer thinks that employer filed H1 but may not have job and they will ask more info about employer and more documents.


- If she comes to the US on H4, are there any issues changing status to H1?
-read above

- Are there issues when she goes to India again to get H1 stamped?
-----------------------all depends when she goes and what documents from employer the consulate officer asks
- Is there a difference between the I797 approval notice if a person is out of US vs. in US? (I have read something about I-94. I thought I-94 is always attached to 797 approval notice).
------------------if she gets H1 stamp and employer does not pay her and no pay stub then you will be out of Status.if person enter US with H1 or H4 visa then he/she gets I-94 at POE and if person is in US and file COS then gets latest I-94 attached with approval notice and every case is different
Thanks! I appreciate any useful info.
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Thanks

Thanks Ginnu!!

I am not sure about one thing. If one changes from H4 to H1, COS can be filed from the USA, why does one need to leave USA for that? H1 stamping can be done when one leaves USA.
 
gconmymind said:
Thanks Ginnu!!

I am not sure about one thing.

If one changes from H4 to H1, COS can be filed from the USA, why does one need to leave USA for that?
-----------if on H4 status in US then one can file H4 to H1 COS and if COS approval notice has I-94 attached then no need to go out.
H1 stamping can be done when one leaves USA.
---Correct( if COS approval Has H1 based I-94 attached)
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O3 -> H1-b

Currently my wife is on O3, but has an approved H1-B while in India.
The H1-B has no I-94

Do I have to apply for a new H1-B for COS?
The idea is to start working without going out for stamping.
 
toprasad said:
Currently my wife is on O3,
-------------------is she now in US on O-3 or in India?
but has an approved H1-B while in India.
The H1-B has no I-94

Do I have to apply for a new H1-B for COS?

--------------if she is in US then her employer can file O-3 to H1 COS with USCIS, if she is in India then she should get H1 stamp and enter US on H1 status
The idea is to start working without going out for stamping.
Click to expand...
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