H4 to H1B status change

[manishraj]

Hello,

I am trying to get a Teacher (H1B) visa for my wife who came on H4 dependent visa.
I need some info on that.
1. Once if we file H1, can she work on even though H1 is pending?
2. Whether we have to send Passport for Visa validation? since H4 to H1 status is changing.
if so we can do it here?.

thanks.
manishraj.

 

[nkm-oct23]

1. No, she cannot work unless she receives the H1 approval notice.

2. You cannot get her visa re-validated since this is a visa change from H4 to H1. Only visas in the same category can be re-validated from within USA.

She need a visa only to travel abroad and return to USA, not for her employment and will have to get her visa either in her home country or in Canada/Mexico.