Traveling to India when H4 to H1 change of status is in process

H

hari_kp

New Member
Hello there

I am on an H1 with my employer and my wife had been on an H4 till now. Our Visa has expired and we are currently on an extension.

She just got her approval for H4 to H1 transfer for an employer and we already have the approval copies of her H1 petition and I-94 which is valid till 2010. She has not applied for an SSN till now.

We were planning to go to india in December and now I am confused as to how to do her Visa stamping. Her employer is asking to travel to Canada to get the stamping done. I have to travel to India to get the stamping done.

I have two questions

1) Can I go to India with her and get H1 stamping on my Passport and H4 on her passport through my employer and re-enter US and then start using the H1B visa? or If I do that, will her H1 become invalid?

2) If I travel to India for H1 Stamping, can she stay in US alone in the current status (She has not yet applied for SSN or started working) ? How long can she stay in this status (I mean with-out applying for SSN)?

Please suggest
Hari
 
1) Can I go to India with her and get H1 stamping on my Passport and H4 on her passport through my employer and re-enter US and then start using the H1B visa? or If I do that, will her H1 become invalid?
No, her H1 will not become invalid. again you can come back and apply for a H4 to h1 COS.

2) If I travel to India for H1 Stamping, can she stay in US alone in the current status (She has not yet applied for SSN or started working) ? How long can she stay in this status (I mean with-out applying for SSN)?
Ideally she should have applied for SSN and started getting paid, that itself would count as an out of status irrespective of whether you are here or in India since she is not your dependent now.
 
Hello,

Thanks for the reply.

1) If she has to travel with me to India, what will happen to current H1 petition?
Does she need to apply for SSN and enter pay-roll before she leaves?
If she comes back in H4, how long can she stay in H4 before changing status to H1? How long will the process of COS take?

2) You said,
"Ideally she should have applied for SSN and started getting paid, that itself would count as an out of status".

Her employer is not ready to put her in Payroll untill he finds a project for her. Does this mean that her stay is illegal now? Are there any other implications? He employer told me that untill we apply for SSN, she need not have to worry about status. Is that wrong?

Please help.

Hari

I want to apply for SSN once he finds a project for her to start working. If there a legal-maximum I can delay applying for SSN?

Hari
 
Hari,

Did you find more information for the above situation? I am in the same situation. I am applying H4 to H1 COS for my wife this April, but we need to travel to India in November. I was thinking whether she can come with me to India and return back in H4 status and then start working in H1 from Jan 2009.

Let me know if you have more information on this.

shankar.
 
Hi Hari and Shankar,

We are also in the same situation. I am on H-1 and my wife is on H-4. This April (2008) we applied for H-1 for my wife. Dont know the status on that one yet. But it looks we may have to travel sometime in October or November to India. If her H-1 is approved, and if we travel to India, I am also thinking if my wife can come back on H-4, if the travel is before October. Did you find any solution to your questions?

Thanks.
 
hari_kp said:
Hello there

I am on an H1 with my employer and my wife had been on an H4 till now. Our Visa has expired and we are currently on an extension.
----------------------- you both have Visa stamps expired but if you both have valid I-94 you both are in status

She just got her approval for H4 to H1 transfer for an employer and we already have the approval copies of her H1 petition and I-94 which is valid till 2010.

She has not applied for an SSN till now.
--------She can apply for SSN , go to SSA office fill up the form

We were planning to go to india in December and now I am confused as to how to do her Visa stamping.
------------------you need to stamp your H1 and she also need to get H1 visa stamp to enter US on H1 status
Her employer is asking to travel to Canada to get the stamping done. I have to travel to India to get the stamping done.
-------------------------------- Why both of you cant get H1 visa stamping from Canada? many have done it
I have two questions

1) Can I go to India with her and get H1 stamping on my Passport and H4 on her passport through my employer and re-enter US and then start using the H1B visa? or If I do that, or If I do that, will her H1 become invalid?
----------------------if she enter US with H4 visa then her I-94 will be H4 based and she will enter US on H4 status
2) If I travel to India for H1 Stamping, can she stay in US alone in the current status (She has not yet applied for SSN or started working) ? How long can she stay in this status (I mean with-out applying for SSN)?
--------she Can remain in US as she has valid I-94, she can also apply for SSN if she is on H1 status
Please suggest
Hari
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Thanks ginnu. Your answers to Hari's questions answers mine as well. Let's say that my wife gets H-4 stamped and enters on H-4. I did read from other posts in the forum that said something about change of status in this case, but I am not fully clear on when it can be done. Do we have to wait until next April (2009) to reapply H-1 and then file it as Change of Status? Or as soon as we return to the US (for example, November 2008), and assuming my wife's H-1 petition is approved, can she apply for a change of status to H-1 and use this approved H-1 petition?

Thanks so much !
 
pd_2004 said:
Thanks ginnu. Your answers to Hari's questions answers mine as well.
Let's say that my wife gets H-4 stamped and enters on H-4. I did read from other posts in the forum that said something about change of status in this case, but I am not fully clear on when it can be done.
-------------------if she enter on H4 status then her employer has to again file H4 to H1 status and change of status approval may take 4-5 months time

Do we have to wait until next April (2009) to reapply H-1 and then file it as Change of Status?
-----------------No ,she can file before that
Or as soon as we return to the US (for example, November 2008), and assuming my wife's H-1 petition is approved, can she apply for a change of status to H-1 and use this approved H-1 petition?
--------------------------if she enter November 2008 why not to enter on H Status and why not to get H1 Visa stamped and then enter on H1?? I dont see any logic why she dont apply H1 visa stamp when she is going out of US
Thanks so much !
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