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H4 to H1 and travel query

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  • H4 to H1 and travel query

    Hello All

    Here is the scenario.

    My wife is on H4 and staying with me in US. We are filing a H1 for her for this year. I have few questions for different possible different scenarios

    1 : if H1 is rejected, can she still continue staying in US on H4?
    2 : If H1 is approved, Would she be a H1 candidate till Oct 2013 or would she be a H4 till Oct 2013 and then her H1 comes into picture?
    3 : If h1 is approved and if she travels to India before October, should she get her H1 stamped? (Both my H1 and her H4 stamping are valid till May 2014)
    4 : If I transfer my H1 to a different employer this month, what would happen in the 3rd scenario above?

    Any help would be highly appreciated.

    THanks

  • #2
    H4 to H1 and travel query

    1. Yes, she can stay on H4
    2. H1 from oct
    3. She should get her H1 stamped
    4. ..

    Comment


    • #3
      Originally posted by srao_k View Post
      1. Yes, she can stay on H4
      2. H1 from oct
      3. She should get her H1 stamped
      4. ..
      Thanks for the response. But going thru few others posts, looks like its not that straight forward.
      There is another thing called COS from H4 to H1 which needs to be done before Oct 1st.

      Let us assume her H1 petition is approved.

      Now if she travells while COS in process, then there are chances for her COS to be rejected and cannot work from Oct on H1.

      Now the question is, what if she travels sometime in July-Aug before COS is applied?

      And what if she travels after COS is applied and approved and comes back to US before Oct1? Should she have her H1 stamped?

      Comment

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