My situation (after 6 years in US on H1 and 1 year in India). Please help..

[gxr]

Would appreciate your advice.

Spent 1 year in India after 6 years in US on H1. Currently in India.
Filed new (I-797)H1 petition for self and H4 (for spouse) by premium processing this week. Plan to get H1 and H4 stamped at Chennai consulate in September.

Spouse plans to apply for H1 in September.

Here are the choices I have:

1. Get H1 and H4 stamped. Spouse enters on H4, even though she will have a a valid I-797 petition. Can she start working right away after entering US? I presume that the Visa is only for entry into the US and the approved I-797 petition should suffice for starting work. It used to be that way. Is this a valid option ? Can spouse enter US on H4 inspite of having a valid H1 ?

2. Get H1 stamped for self and another H1 stamped for spouse after both of us receive our I-797 approvals. Downside here is that we will be taking the chance twice interms of standing infront of the Visa officer.

If option 1 is legal, I would go with that. Any advice in this regard would be appreciated.

thanks a bunch,
gxr

 

[hathwar]

1. Get H1 and H4 stamped. Spouse enters on H4, even though she will have a a valid I-797 petition. Can she start working right away after entering US? I presume that the Visa is only for entry into the US and the approved I-797 petition should suffice for starting work. It used to be that way. Is this a valid option ? Can spouse enter US on H4 inspite of having a valid H1 ?
---------If your wife enters using H4 then she must apply for COS(Change of status) from H4-H1 to work( You have to have the COS approved to work).Otherwise she will be working Illegally.
It is necessary because the I-94 on the H1 petition will be invalid as soon as she gets a new I-94 at POE using her H4 visa.

HTH