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H4 - H1 - H1 petition approved while she is in India

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  • H4 - H1 - H1 petition approved while she is in India

    Hi,

    We applied H4-H1B while she is here in United States and my wife traveled to India due to some family emergency when H1B processing is in progress, got her H1 petition approved while she is in India.
    She has a valid H4 stamped till Sept 2014. My question is,

    1. Without H1B stamping, can she travel back to United States on same H4 (valid till Sept 2014)?
    2. If she wants to start work, can she do it? or
    3. She has to go back outside US and get H1 stamped to start work?

    Thanks,
    KGB

  • #2
    Originally posted by kgbandak View Post
    Hi,

    We applied H4-H1B while she is here in United States and my wife traveled to India due to some family emergency when H1B processing is in progress, got her H1 petition approved while she is in India.
    She has a valid H4 stamped till Sept 2014. My question is,

    1. Without H1B stamping, can she travel back to United States on same H4 (valid till Sept 2014)? --Yes
    2. If she wants to start work, can she do it? or
    3. She has to go back outside US and get H1 stamped to start work? -- She will need to be in H1B status in order to work. That means either traveling and returning with an H1B Visa or changing status by petition amendment.

    Thanks,
    KGB
    See above.
    This is my opinion and not legal advice.

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