Validity of H4 after H1 petition approval

[PratibhaShirish]

Hello,

I've a query on validity of H4 visa after getting H1 petition pproval.

If a person is on H4 visa and he/she gets H1 petition approved in July time frame and if the person travels outside US say in Aug and wants to return to US in September, is it necessary to get H1 stamped before entering US?

If yes, then will there be any problem as H1 visas are valid effective Oct 1 of that year and if the person returns in September, she'll neither have H4 nor H1 will be valid.

Please help and if you know of any legal document stating such clauses please guide.

Thanks & Regards,
Pratibha

 

[ginnu]

Hello,

I've a query on validity of H4 visa after getting H1 petition pproval.

If a person is on H4 visa and he/she gets H1 petition approved in July time frame and if the person travels outside US say in Aug and wants to return to US in September,
is it necessary to get H1 stamped before entering US?
---------------------yes ( it seems you are on H4 status and plan to file H4 to H1 COS in April)
If yes, then will there be any problem as H1 visas are valid effective Oct 1 of that year and if the person returns in September
----one can get the H1 visa stamp and can enter 10 days before the start date of H1 date on H1 approval notice
, she'll neither have H4 nor H1 will be valid.
-------------enter in october or enter in september on H4 status9if your spouse is on H1 status and again file H4 to H1 COS
Please help and if you know of any legal document stating such clauses please guide.
------other will post the "legal document stating such clauses"
*** better ask the legal advice from your Lawyer
Thanks & Regards,
Pratibha

Read the below link how to post info to get correct information:
Ten Tips For Making The Most Out Of Your Legal Consultation
http://www.ilw.com/articles/2006,1106-shusterman.shtm

 

[PratibhaShirish]

Hi,

Thanks for your quick reply. Further to your reply, I've few questions/concerns. Let me detail out points. I am currently on H4 and will be applying for H1 in April '07.

As per your answer below,
-------------enter in october or enter in september on H4 status9if your spouse is on H1 status and again file H4 to H1 COS

1. Can I enter in Aug/Sep with H4 visa though my H1 petition is approved(without getting H1 stamped) ?

2. What is H4 to H1 COS? Please clarify.

3. Is it that my H1 will be invalidated if I return on H4 in Aug/Sep without getting H1 stamped?

4. If I were to get H1 stamped, how early (before 1st Oct '07) can I go for stamping?

Please advise on the same.

Thanks in advance,
Pratibha

 

[ginnu]

Hi,

Thanks for your quick reply. Further to your reply, I've few questions/concerns. Let me detail out points. I am currently on H4 and will be applying for H1 in April '07.

As per your answer below,
-------------enter in october or enter in september on H4 status9if your spouse is on H1 status and again file H4 to H1 COS

1. Can I enter in Aug/Sep with H4 visa though my H1 petition is approved(without getting H1 stamped) ?
----------- YES you CAN enter on H4 status but you will not be able to work on H1 status as your I-94 will be based on H4
2. What is H4 to H1 COS? Please clarify.
--Change of Status

3. Is it that my H1 will be invalidated if I return on H4 in Aug/Sep without getting H1 stamped?
----------if enter on H1 with H1 stamp then you can work on H1 status, if enter on H4 then you will be on H4 status
4. If I were to get H1 stamped, how early (before 1st Oct '07) can I go for stamping?
----------------- once you get the H1 approval you can go for stamping, check the particular consulate site and ask them
Please advise on the same.

Thanks in advance,
Pratibha