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Travelling out of country H4 to H1

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  • Travelling out of country H4 to H1

    My wife is planning to visit india in March and she will come back in May.

    1) If i apply H1B for her in April(2013) without change of status and Lets say if H1B is approved in August then can we immediately apply for Change of status to H1 or do we need to wait until October.
    2) Can she travel out of country after applying H1B in april without change of status and if h1b is approved when she is in india. does she need to go for stamping?

    Please suggest me the best way to do it.

  • #2
    Her employer can file amendment to change her status immediately after she returns. But she must not begin working until the amendment gets approved.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Her employer can file amendment to change her status immediately after she returns. But she must not begin working until the amendment gets approved.
      Thank you for your reply..
      How much time will it take for change of status and how must cost it is going to be. I do not have idea.. Please let me know

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      • #4
        Travelling out of country H4 to H1

        Please reply..

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        • #5
          2 to 3 months regular and I am not sure if premium will be available. Cost is to be borne by the employer.
          This is my opinion and not legal advice.

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