New H1 while H4 is in india

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chinnaboy

New Member
H4-H1 while H4 is in india

Hi Gurus,
Here is my situation. My wife is on H4 visa and she is in india right now,
she will be back in May 1st week.
I am planning to file for her H1 this year. One of the employer is ready to file her H1 papers this year with previous I94 which she first got when entered US in 2005(she went to india for first time after 2005). Employer said he can file for her H1 with previous I94 now and once she is back from India in May 1st week, we can file for amendment with the new I94 (he will send a new I94 with some required documentation). he is 100% sure that it will not create any problem.

1) Is it true?
2) Will there be any problem like H1 rejection or I797 without I94?
3) if H1 got rejected or without I94 will her H4 visa still valid or she need to go out of US for stamping again (she has a valid H4 visa till Sep 2008)?

Gurus, Please suggest and throw some light on this issue. This is my first post and it will help a lot if you could provide me some information.

Thank you very much for your time
Chinna
 
Last edited by a moderator:
z
chinnaboy said:
Hi Gurus,
Here is my situation. My wife is on H4 visa and she is in india right now,
she will be back in May 1st week.
I am planning to file for her H1 this year. One of the employer is ready to file her H1 papers this year with previous I94 which she first got when entered US in 2005(she went to india for first time after 2005). Employer said he can file for her H1 with previous I94 now and once she is back from India in May 1st week, we can file for amendment with the new I94 (he will send a new I94 with some required documentation). he is 100% sure that it will not create any problem.

1) Is it true? First of all you do not have your old I 94 in your hand , it had been srrendered to USCIS through your air liner. It proves that your spouse is out side USA and does not have any status inside USA as of today. (Do not use old I 94 copy for any transfer.)
Inoder to get change of status form H4 to H1 she must be inside USA. Her H1 will be approved by not the COS.
2) Will there be any problem like H1 rejection or I797 without I94? H1 will be approved but not the COS. She may have to go out to get her H1 stamped in her PP before starting any work.3) if H1 got rejected or without I94 will her H4 visa still valid or she need to go out of US for stamping again (she has a valid H4 visa till Sep 2008)?

Gurus, Please suggest and throw some light on this issue. This is my first post and it will help a lot if you could provide me some information.

Thank you very much for your time
Chinna
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