Pl. suggest .. Typical situation

[Test_Forum_User]

Hi,
A friend of mine on H1B applied for H1 for his wife as she is on H4 and got her H1B approved 2 days back.


Now they need to go to India and had a doubt what will be the situation at POE if my friends wife still have H4 stamping on her passport.
Will the Immigration officer at port of entry allow her?.

If she goes for stamping in India, since she don't have payslips, will that be an issue in Consulate.

Thinking in the worst case, if consulate rejects H1B stamping, can she still comeback on H4.

Thanks in advance,

 

[saigc]

Hi,
A friend of mine on H1B applied for H1 for his wife as she is on H4 and got her H1B approved 2 days back.


Now they need to go to India and had a doubt what will be the situation at POE if my friends wife still have H4 stamping on her passport.
Will the Immigration officer at port of entry allow her?.
--- whats your exact question. if she wishes to work then she needs to enter on h1 for which she need to have valid h1 visa stamp. if she shows h4 stamp then she will be admitted based on h4.

If she goes for stamping in India, since she don't have payslips, will that be an issue in Consulate.
--- no. how can she show payslip when she was in h4 here and did not work.
Thinking in the worst case, if consulate rejects H1B stamping, can she still comeback on H4.
yes but depending on why h1b was rejected. if the h1b was rejected due to security reason or misreprentation of facts or unauthorized work history or anything adversely related to her.
Thanks in advance,

 

[Test_Forum_User]

Hi Sagi,
Thanks for the info. If she enters on H4, after she enters, can she use her H1B to start working. She is not going to work till she comes back.

 

[saigc]

Hi Sagi,
Thanks for the info. If she enters on H4, after she enters, can she use her H1B to start working. She is not going to work till she comes back.

NO. she has to file h4-h1 again and start working ONLY AFTER new h1 is approved along with change-of-status approval (if you get new i94 along with new h1). else she has to depart usa and return back showing valid h1 visa stamp.