H4 to H1(a bit different scenario)

[asterix99]

Hi,

I have recently got H1 visa stamped and my dependent Visa(H4) on my spouse. I am due to travel to US some time in Jan. Now, my spouse H1 papers are also ready. Can my spouse come with me on H4 and work using her H1 papers. How H4 to H1 tranfer happens in this case. Any assistance is greatly appreciated.

Thanks.

[leifbooger]

She would need to get her H1 stamped in India if she wishes to work in the US. Or she could come here on H4 and re-apply for a new H1 here next year.

[suresh24]

She has to get I-94 showing H-1 status. Approval does not define status, I-94 does. If she enters showing H-4 visa, I-94 will show H-4 making her ineligible to work.

[asterix99]

Thanks a lot for the quick response.