Please help!

[gb78]

Hello,

I am a new member and first of all thanks to all for sharing their inputs.

My wife is currently on H4, and has H1B approval (Consular Processing). We decided on consular processing since we had travel plans. She needs to start work October 1st but would need a stamp from the US consulate in New Delhi before she can officially begin.

Now the problem:

Her AOS application was filed with me Aug 11th 2007, and she cannot travel before the AP arrives. We are told that one cannot travel on H4 and come back on H1B even with a 485 receipt notice. We would need her to travel with an AP document or else the 485 will be void.

Her employeer is thinking of hiring someone else now due to the time crunch and we do not know whats going to happen with the AP. we still havent got a receipt.

Please help if some has had this experience or has information on this. Can she travel with a receipt notice and change status in India from H4 to H1B without getting her 485 void?

Your answer will be appreciated.

Thanks,
GB.

 

[TheRealCanadian]

We are told that one cannot travel on H4 and come back on H1B even with a 485 receipt notice. We would need her to travel with an AP document or else the 485 will be void.

Nonsense. If she gets the stamp, she can re-enter on H1.

 

[gb78]

Thanks - follow up question

Thanks for responding. Appreciate it!

So if i get it correctly, if she secures the H1B stamp she can enter the US on it. But will she need a 485 receipt to travel and return?

She will be changing her status from H4 to H1B in India. Will this cause any issues with her 485 filing?

No AP needed correct?