My wife is currently on an H4 and she recently found an employer who is processing her H1B. My question is that will she be able to travel to India for a couple of days "after" she receives her H1B approval? Cause the new H1B will go effective only October 1. Can she still travel on her H4 status before October 1, although her papers for the H1B are approved before the effective date of October 1? Her current H4 is valid till 2006.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
H4 to H1B related travel
- Thread starter vkhosl01
- Start date
vkhosl01 said:My wife is currently on an H4 and she recently found an employer who is processing her H1B. My question is that will she be able to travel to India for a couple of days "after" she receives her H1B approval? Cause the new H1B will go effective only October 1. Can she still travel on her H4 status before October 1, although her papers for the H1B are approved before the effective date of October 1? Her current H4 is valid till 2006.
If she plans to return AFTER Oct1 she will be OK provided she gets a new H1 visa. If she plans to return before Oct1, she will be in big trouble. she will most likely get admitted only on H4. This H4 category will override her new H1 and she will need another H1 approval to convert from this newly acquired H4.
All this depends on whether she got her I-94 extended or amended to H1 status or she got approval without I-94 . If she got her I-94 with I797 then she will need a new stamp while coming back coz officially she is now on H1 status. But if she did not get her I-94 with I797 then this means that she will need to go to a consulate aborad and apply for H1 visa. If she does not do this then she will still be on H4. I have heard cases right now that INS is approving H4-H1 but without I-94. So one has to go abroad and get h1 visas stamp.