H4 to H1 transfer

C

chandanaa

Registered Users (C)
Hi,


I am on h4 currently ( I have a valid I-797 h4 until may2010, but visa stamping in passport expired on 2006 april ). I applied for H1 for oct 2008 and got the approval in june 2 nd week. I am planning to visit india in august. I will be back before oct 1st 2008. My question is Do I have to go for H1 stamping ? can't I go for H4 stamping. If i have to go for h1 stamping what kind of questions can I expect at the interview? please advice.
 
If your employer filed the H-1B as a change of status application, then you don't need a H-1B stamp to start working. Or, does the I-797 Approval Notice contains a I-94? In that case, please go for H-4 stamping. Your status will automatically change to H-1B from October 1, 2008.
 
Thank you for the quick reply. It's a new H-1, so I am not sure whether my employer filed as change of status or not. I have to check with my employer. yes my I 797 has I 94. so I can go for H4 stamping.
 
chandanaa said:
Thank you for the quick reply. It's a new H-1, so I am not sure whether my employer filed as change of status or not. I have to check with my employer. yes my I 797 has I 94. so I can go for H4 stamping.
Click to expand...

If you go for H4 visa stamp and reenter with that you will invalidate your H1 and your change of status to H1 will become null and void.

So, if you have to travel you will need to reenter with H1 visa. That means instead of getting H4 visa stamp you will get H1 visa stamp.
 
Last edited by a moderator:
chandanaa said:
Thank you for the replies. I see two oppsite answers. which one is correct?
Click to expand...

1 if you want to work in US on H1 then get H1 Visa stamp when go out and Enter on H1 status.

2 if you get H4 Visa stamp or Have H4 visa stamp and enter US with H4 Visa stamp then you will not be able to work as you will enter on H4 status
 
Last edited by a moderator:
Supposing the H-1B application is a change of status and the beneficiary re-enters on H-4 before October 1, 2008 - the status will be H-4. However, from October 1, 2008 the status will automatically change to H-1.

When are you traveling? If you plan to return close to October 1 (withing 2 weeks) then go for H-1 stamping anyway.
 
Thank you for the suggestions.Ican go for H1 stamping, my concern is I am scared .what type of questions they ask? what if they reject H1? can I come on H-4?
 
As long as you are able to convince the visa officer that your job offer is geniune and the employer is capable of paying the desired salary, you should be good.
 
chandanaa said:
Thank you for the suggestions.
Ican go for H1 stamping, my concern is I am scared .

-----------------------Any reason why are you scared? If you submitted correct documents like degree certificate/Exp letters for your H1 why scared?


what type of questions they ask?
---------------They may ask you questions for your Skills (the skills that are on H1 filing forms that you will get from your employer or employer lawyer)

what if they reject H1?
can I come on H-4?
----Yes if your spouse is on H1 status and you have H4 valid Visa in your passport
Click to expand...
-----------------
 
You must log in or register to reply here.
Top