New H1b filed , H4 travel

[MGGN]

Please help me in the below questions.

1) My wife will come on h4 after 1 April to USA .On 1st April her employer X will file a new H1b in consular process(As she is not in US before april 1). Do she need to go back to india for h1b stamping after her h1b petition is approved.
(I think She has to go back to India)


2)If she goes to india for her H1b stamping to india (say around July-Aug-Sep).Can she comes back on her h4 again during that time.


3)If she can come on h4 then do we need to file change of status to h1B or automatically she can work on h1b from 1 OCT.What is the process regarding this scenario.

OR

If she can nt come on h4 during that time then do she need to wait till 21 sep or 1 Oct to come directly on H1b.

[raghvi]

Please help me in the below questions.

1) My wife will come on h4 after 1 April to USA .On 1st April her employer X will file a new H1b in consular process(As she is not in US before april 1). Do she need to go back to india for h1b stamping after her h1b petition is approved.
(I think She has to go back to India)


2)If she goes to india for her H1b stamping to india (say around July-Aug-Sep).Can she comes back on her h4 again during that time.


3)If she can come on h4 then do we need to file change of status to h1B or automatically she can work on h1b from 1 OCT.What is the process regarding this scenario.

OR

If she can nt come on h4 during that time then do she need to wait till 21 sep or 1 Oct to come directly on H1b.

1. Well she need not have to go , but as H1 petition is processed as Consular Process, and if approved, in order to move to H1 there are two options, file a H4 to h1 COS, OR leave US, and re enter on H1 stamping.
2. She will enter US on H4 and would have to refile H4 to h1 Change Of Status in order to start working.
3. As mentioned above if she came back on H4 a H4 to H1 COS would need to be applied in order to move to H1. A COS is applied through form I129
4. If she wants to come on H1 she can come on 21st Sept but she can and must start work only from 01-OCt-2014.

This is my opinion not legal advice.