Presently having H4 visa H1b Pending visiting US

[dhalder]

Urgent !! Presently having H4 visa H1b Pending visiting US

Hi,

I am curently on H4 visa but never visited US but my wife is in US for last 1 month (h1b). I am planning to travel to US on 25th October.
My H1 was applied on 24th september (independent H1b and not transfer) and I am expecting the final status by 2nd week of november. I will be in US till end of Dec 2004.


My question is:
a) Are there any legal issue for travel in my status

b) Is it allowed to transfer from H4 to a H1 in this sort of situation? If allowed is it advisable ?

c) Does the home city counsulate create problems for H1b stamping for similar cases?

 

[ginnu]

Hi,

I am curently on H4 visa but never visited US but my wife is in US for last 1 month (h1b). I am planning to travel to US on 25th October.
My H1 was applied on 24th september (independent H1b and not transfer) and I am expecting the final status by 2nd week of november. I will be in US till end of Dec 2004.


My question is:
a) Are there any legal issue for travel in my status
------ you can enter US on Valid H4 status if you use exixting H4 visa stamp and will get I-94 based on H4
b) Is it allowed to transfer from H4 to a H1 in this sort of situation? If allowed is it advisable ?
------ you need to be IN us to file Change of status from H4 to H1B. as your Fresh H1B has been filed it will not have I-94 attached with H1 approval as it is not filed as H1 transfer or H4 to H1 Change of status. If i am in your situation I will enter US when I get H1B approval and will get H1B visa stamp so that I enter on H1B status and can work. if you enter on H4 you may have to go back to get H1B visa stamp from consulate to be able to work on H1B status.
c) Does the home city counsulate create problems for H1b stamping for similar cases?
----------only consulates know, or others will let you know