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H4 to H1 before visa stamping

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  • H4 to H1 before visa stamping

    My wife came to the US in B2 (before marriage), later on we got married and she received a H4 approval letter. But she has not gone out of the country yet for getting a H4 stamp in her passport. Can she apply for a H1B before she gets a H4 stamp in her passport (since a consulting company is offering to do so)? That means applying for a H1B from the current I797 status of H4 approval? (this would be the second change of status - I539)

    Even though the consulting company said so, am not sure if this is possible, hence the query
    Last edited by swami; 02-07-2007, 01:59 PM.

  • #2
    Can Immihelp Admin or Subramanya reply to this query? Thanks in advance

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    • #3
      Any answer for this one please?

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      • #4
        H4 issues

        My wife came to the US in B2 (before marriage), later on we got married and she received a H4 approval letter. But she has not gone out of the country yet for getting a H4 stamp in her passport. Can she apply for a H1B before she gets a H4 stamp in her passport (since a consulting company is offering to do so)? That means applying for a H1B from the current I797 status of H4 approval? (this would be the second change of status - I539)

        Even though the consulting company said so, am not sure if this is possible, hence the query

        ---- Has your wife received a I-94 along with her H4 to ensure that she can continue to reside in the US under H4 status legally

        ---- Assuming the above is true and authentic, then in all probability she can apply for a H1 with a company who is willing to sponsor her for a H1

        Subramanya

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        • #5
          No need to get stamping

          Once you enter in USA your passport visa doesn't mean - only checkout I-94 once employer will apply for her will submit that I-94 and you'll get change status or extenstion on that I-94, till you or she will get green card passport stamping your I-94 will count or whenever anyone change status I-94 number will become same.
          Bottom line no need to get visa stamping or no need to go outside of country...

          Cheers

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