Question about H4 and H1 both approved?

[ajnd80]

Hi all,
I am currently on OPT of my F1 visa. My wife is on F2 visa. The OPT lasts beyond Oct 1, 2007. My wife and I both applied for the H1 visa this year. She also applied for H4 visa as my dependent. Now, her H4 visa has been approved, while her H1 will also soon be processed (she passed the lottery).

1. The question that I have is what does she need to do in order to choose to be on her H1 instead of H4? In other words, on October 1, how will USCIS determine whether her legal status in the country is H1 or H4? We do not plan to leave the US before Oct 1 to get visa stamping.

2. Will her already approved H4 status cause any problem in the processing of her H1 visa?

thanks,

A

 

[ginnu]

Hi all,
I am currently on OPT of my F1 visa. My wife is on F2 visa. The OPT lasts beyond Oct 1, 2007. My wife and I both applied for the H1 visa this year. She also applied for H4 visa as my dependent. Now, her H4 visa has been approved, while her H1 will also soon be processed (she passed the lottery).

1. The question that I have is what does she need to do in order to choose to be on her H1 instead of H4? In other words, on October 1, how will USCIS determine whether her legal status in the country is H1 or H4? We do not plan to leave the US before Oct 1 to get visa stamping.
-----------------if her H1 approval notice has attached I-94 then she will be on H1 from October 1. before that she is on H4 till her H4 based I-94
2. Will her already approved H4 status cause any problem in the processing of her H1 visa?
--------------No, from October 1 she will be on H1 if get I-94 attached with H1 approval notice
thanks,

A

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[ajnd80]

Thanks for the quick reply! Does she need to inform USCIS about her H4 approval, which we received a week back - it had an I-94 form attached with it?

thanks,

A

 

[ginnu]

Thanks for the quick reply! Does she need to inform USCIS about her H4 approval, which we received a week back - it had an I-94 form attached with it?

thanks,

A

She got H4 approval notice from USCIS and H4 approval notice has I-94 attached. why she need to Infoem USCIS? USCIS knows about her status as they approved it.