Visa Stamping: H4 or H1B???

[ak1234]

Hi,

I am in US on H1B since 2001. My wife is on dependent H4 visa. Recently we just applied for her H1B as she planned to work and got the approval notice. We have to go to Canada (We are Canadian Landed immigrants) for some personal work and need to get the US visa stamped before reentering USA as the current stamps on our passports are expired.

My question is: For my wife, can we get H4 visa stamped and NOT H1B since she will not start working for her intended employer for another few months due to personal reasons? Will this be doing the legal thing? Or since her H1B approval is more recent than her H4 approval, we HAVE to get H1B stamped?

Experienced members as well as who have been through this situation, please shed some light..

Thanks,
AK

 

[ginnu]

Hi,

I am in US on H1B since 2001. My wife is on dependent H4 visa. Recently we just applied for her H1B as she planned to work and got the approval notice.
--------wasit filed from H4 to H1 Change of status? did she got I-94 attached with her H1 approval notice(lower right side of h1 approval notice). what is the start date of her H1?
We have to go to Canada (We are Canadian Landed immigrants) for some personal work and need to get the US visa stamped before reentering USA as the current stamps on our passports are expired.

My question is: For my wife, can we get H4 visa stamped and NOT H1B since she will not start working for her intended employer for another few months due to personal reasons?
-She can get H4 based on your H1 status
Will this be doing the legal thing?
--------------yes that is legal as spouse of H1 holder
Or
since her H1B approval is more recent than her H4 approval, we HAVE to get H1B stamped?
--------------No
Experienced members as well as who have been through this situation, please shed some light..

Thanks,
AK

if she gets H4 visa stamp and enter on H4 status then she will not be able to work on H1 status