travel on H4 while H1 is being processed

[ganpya2000]

Hello everyone,
My wife is in India for last 6 months. She has got valid H4 visa stamped on her passport. Last month her employer also filed for H1 visa for her. She now wants to come to US for 3 week vacation in august on H4. Is that allowed? Will it have any impact on her ongoing H1 processing?
Please let me know ASAP.
Thanks,
ganpya2000

 

[great guru]

Hello everyone,
My wife is in India for last 6 months. She has got valid H4 visa stamped on her passport. Last month her employer also filed for H1 visa for her. She now wants to come to US for 3 week vacation in august on H4. Is that allowed? Will it have any impact on her ongoing H1 processing?
Please let me know ASAP.
Thanks,
ganpya2000

Your question it self confusing.

Did she ever inside US earlier?

 

[ganpya2000]

sorry for the confusion. My wife was in US on H4 until Jan 05. She went to India in Jan and got a job in Indian software company who is now processing her H1. She now wants to come to US on 3 week vacation in august. Can she do it? will it impact her new H1 processing?

 

[great guru]

sorry for the confusion. My wife was in US on H4 until Jan 05. She went to India in Jan and got a job in Indian software company who is now processing her H1. She now wants to come to US on 3 week vacation in august. Can she do it? will it impact her new H1 processing?

If she has valid H4 on her pp , she can come. Since she is applying H1 while she is out of US, that H1 is considered as a new one, not a change of status.
New one will not affect the H4.

 

[ganpya2000]

thanks for the reply. I have another related question.
While she's in US in august on H4 visa, if her H1 gets approved then what happens? She will be eligible to start working from oct 1st, right? But does she have to go to India or Canada for getting H1 stamped? Or she can simply start working from oct 1st without H1 stamping?

 

[great guru]

thanks for the reply. I have another related question.
While she's in US in august on H4 visa, if her H1 gets approved then what happens? She will be eligible to start working from oct 1st, right? But does she have to go to India or Canada for getting H1 stamped? Or she can simply start working from oct 1st without H1 stamping?

If she gets her h1 approval along with I 94 at the bottom of H1 approval notice, Yes she can start working from Oct 1,2005 without stamping visa in her pp. (No need to leave US)