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.
------------------ 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?
----------------------yes
Will this be doing the legal thing?
-------------yes
Or since her H1B approval is more recent than her H4 approval, we HAVE to get H1B stamped?
------------ if the person does not want to work on H1 consulate dont force one to get H1
Experienced members as well as who have been through this situation, please shed some light..

Thanks,
AK

if her employer/lawyer filed H4 to H1 Change of status and she got new I-94 attached with H1 approval then she is NOT on H4 status from the date her COS from H4 to H1 got changed.