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Travelling in H4 to U.S when H1B is in process

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  • Travelling in H4 to U.S when H1B is in process

    Hello,

    My wife is currently in U.S on H4 visa. Company A in India wants her to come to India to join them and to file H1B petition in April.

    - After the H1B petition is filed in April, can she come back to U.S on H4 visa which she already holds?
    - If she does that she has to again go back to India during September to get H1B visa stamped before starting to work. Correct?
    - Is there a way that Company A in India can file H4 to H1B change of status without her visiting India? In this case she cant leave U.S until the H1B petition is processed.Correct?

    Thank you!

  • #2
    The company can amend to petition to include change of status.
    This is my opinion and not legal advice.

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