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  • H4 to H1

    Hi,

    My wife is on H4 visa. I'm applying for her H1 visa. she wanted to go to India before she gets her H1. My question is:
    (i) If I apply for her H1 visa, will she be able to go to India after I apply her H1.
    (ii) Will she be allowed to come back on H4, if I apply her H1?

    Please advise.
    Thanks in advance...
    Last edited by Mails; 01-08-2007, 11:25 PM. Reason: heading change

  • #2
    H4 - H1 Issues

    My wife is on H4 visa. I'm applying for her H1 visa. she wanted to go to India before she gets her H1. My question is:
    (i) If I apply for her H1 visa, will she be able to go to India after I apply her H1.

    ---- If it is an emergency then she may go to India and return back to US. Otherwise it is prefereble to avoid the journey and stay back in US

    (ii) Will she be allowed to come back on H4, if I apply her H1?

    ---- If she has an unexpired and valid Visa affixed on her Passport she may return back to US

    ---- However, once when you apply for a H1 and travel outside the country you will not be issued a I-94 that accompanies the approval notice. In which case you may have to go out of the country once again to get a H1 Visa issued and affixed on the Passport and then enter US. While returning at the POE the I-94 will be issued and this I-94 enables one apply for a SSN and start working

    Subramanya

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