H4 to H1B

[queryabtvisa]

Hi
My husband is working in US in H1B and I am currently with him in US in H4.I joined him in US last month(Sept 2006).

His H1B and my H4 visa expire by 31st Dec 2006.
When I was in Inida I had applied for H1b in April 2006 and later got the H1B approval papers a couple of months back(at that time i was in india).

To start working in US I was told that I have to go to India and get H1B stamped from the Chennai consulate.
My questions are:
1)Is it not possible to get a change of status from h4 to h1b status here in US itself?
2)If that is not possible and if I decide to go to India by say November/December afetr fixing an appointment(as some date is available that time) , is it advisable as there is just one month left for my H4 to expire?
Worst case if my H1B is rejected at the consulate will I be able to travel to US in my H4 itself though there is just one more month left for its expiry? I was told that it is not advisable to travel unless there is at least 3 to 4 months left for visa expiry.
3)My husbands consultant plans to extend my husband's H1B and my H4 by second week of December.Will it cause an issue in case I need to travel then?


Thanks

 

[ginnu]

Hi
My husband is working in US in H1B and I am currently with him in US in H4.I joined him in US last month(Sept 2006).

His H1B and my H4 visa expire by 31st Dec 2006.
When I was in Inida I had applied for H1b in April 2006 and later got the H1B approval papers a couple of months back(at that time i was in india).

To start working in US I was told that I have to go to India and get H1B stamped from the Chennai consulate.
------------correct
My questions are:
1)Is it not possible to get a change of status from h4 to h1b status here in US itself?
-----------------Yes, talk to your lawyer if you entred on H4 status and has valid H4 I-94
2)If that is not possible and if I decide to go to India by say November/December afetr fixing an appointment(as some date is available that time) , is it advisable as there is just one month left for my H4 to expire?
------------ If go out of US BEFORE your H4 based I-94 expires then you can get H1 or H4 visa stamp. if you are Not going out Before H4 I-94 expiry date then file H4 extension BEFORE the I-94 grets expired(you and your spouse Can file H1 and H4 Extension NOW)
Worst case if my H1B is rejected at the consulate will I be able to travel to US in my H4 itself though there is just one more month left for its expiry?
-----------If you have valid H4 Visa stamp and want to come back on H4 status you Can come back and try to be Back 15-20 days so that you can file H4 extension before H4 based new I-94 gets expired.
Thanks