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Regarding travel on H4 visa after H1b aproval

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  • Regarding travel on H4 visa after H1b aproval

    For my wife H1b visa is approved for this year, she wants to travel in this August month, My query is :

    1) Whether she can go for H4 stamping and come to USA on H4 ?

    2) In case she get H4 stamping, whether H4 to H1b change of status is possible in USA ?

    3) In case H4 to H1b COS is possible, any difficulty is possible for Status change to H1b ?

  • #2
    Is the H1B petition approved with change of status or without? That's the important question.
    This is my opinion and not legal advice.

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    • #3
      Thanks for reply. petition is applied with out change of status, H1b Petition was filled when she was in India.

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      • #4
        In that case, whenever she and employer are ready after Oct 1, they have two options.
        1. Employer can file petition amendment to change her status
        2. She can leave the US, obtain H1B Visa and return in H1B status

        She cannot join before COS is approved and she must join after it is approved.
        This is my opinion and not legal advice.

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