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h4 to H1 conversion - already have a velid petition which was initiated in india

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  • h4 to H1 conversion - already have a velid petition which was initiated in india

    Hi ,
    My wife is in Indi now and she has a H4 visa stamped . Last week she got her H1 petition approved which was filed by her employer. I have few questions now .

    Her employer is not sure how soon they can allocate a project for her. So if she travels in H4 and at a later point of time if she gets a project from employer , can she start workign after applying for conversion. Or Do she need to gte the h1 stamped before start working ?

    Her employer might still allow her to go for stamping even if project is not ready. But she will have to wait indefinitly for getting the project and to travel . In this case when she gets her h1 stamped will her h4 be cancelled ? or will she be able to travel in h4 even after stamping in h1 ?

    Please help me

  • #2
    Originally posted by ITIndiaUser View Post
    Hi ,
    My wife is in Indi now and she has a H4 visa stamped . Last week she got her H1 petition approved which was filed by her employer. I have few questions now .

    Her employer is not sure how soon they can allocate a project for her. So if she travels in H4 and at a later point of time if she gets a project from employer , can she start workign after applying for conversion. Or Do she need to gte the h1 stamped before start working ?

    Her employer might still allow her to go for stamping even if project is not ready. But she will have to wait indefinitly for getting the project and to travel . In this case when she gets her h1 stamped will her h4 be cancelled ? or will she be able to travel in h4 even after stamping in h1 ?

    Please help me
    Was her H4 to H1 filed as COS or as Consular processing? If the I129 was approved as Consular Processing and she travels into US on her H4, in order for her to start workign on H1 at a later point of time she has to either get and amended Petition and file a COS from H4 to H1 or to go outside US and re enter US on H1 after getting H1 stamping abroad.

    In case she goes for H1 stamping , the consulate officer may or may not cancel her H4. Most often they dont cancel an exisiting H4 but depends upon the VO. Even if they cancel her H4 she can apply for it again if you are maintaining your valid H1 status.

    This is my opinion not legal advice.

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