URGENT Help Needed: H4->H1 waiting - Travel to India

K

Kiran Mamidi

New Member
Here is the background:
I am H1 visa and my wife on H4. My 6 year H1 expires in
April 2001. My wife got her first H4 stamp from Madras(Chennai)
consulate in Jan 1996 and entered US in September 1996

My wife is on H4 visa for the last 4 years. She is in
the process of changing to H1b from H4. Her passport
has two H4 visa stamps (first H4 visa stamp + H4 renewal stamp).
She has applied for a H1B
visa thru a company and got her EAC number from the VERMONT. It is
waiting as new H1s for H1B restart (october 1st).

Now we are planning on a trip to India for this weekend (Ticket
is ready). If she leaves and comes back after two months
will she have trouble entering US. I mean if her H1B gets approved
while she is in India, does she need to go to Madras consulate
to get stamped and comeback or can she just enter using old H4 visa
stamp.

This is very URGENT info we need, as we have already paid for the
ticket.

What are our options. We do not want to go to Madras consulate
for her visa and take chances.

I appreciate all the help.

Thanks in advance
Kiran
 
No Title

You have nothing to worry. Just make sure your wife has a valid H4 visa to enter US.
If some company has applied a H1 for your wife and if it gets approved when your
wife is in India, it does not mean that she has to accept that company\'s employment.
She can always say (to the INS if questioned) that she doesn\'t want to work for the
H1 company and that she changed her mind. I don\'t think INS will even ask this
question. but its better to be prepared.

Once she comes to US, if she wants she can accept the companys employment
and start working.

Hope this helps.
 
No Title

Hai,

If she comes back from India on H4 and not on H1, then she retains H4 status. You have to apply for a fresh H1B, as the last
entry in the passport will have H4 Visa ( on which she entered and not using H1 ), your approved H1 Status automatically gets
voided. Check with the attorney on this. My lawyer told me this, when I was in the same situation.

RAMSUD
 
You must log in or register to reply here.
Top