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H4 to H1 transfer and Traveling to India - Please help URGENT!!

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  • H4 to H1 transfer and Traveling to India - Please help URGENT!!

    Hi,

    My wife and I are traveling to India on June 21st for a month. I have to get my 7th year H1b visa extension stamped and my wife H4 visa stamped in Chennai, India. In the mean time she has a H1B petition pending. I understand from reading the forums the following scenarios are likely to happen:

    1. If she gets her H1B approval and if we travel to India, she has to get her H1 stamped in India 90 days (or 60 or 30 days) before Oct 1 2007. If her visa gets rejected, can she enter in H4 by obtaining another appointment to get her h4 visa stamped? Will the previous rejection cause any problems for entering in H4? I work for a big IT company hence showing credentials will not be a problem.

    2. To avoid chances of rejection, even after her H1 approval, if she gets her H4 stamped, does the current H1b becomes invalid?. I am not sure if this means she has to go through a whole new petition process or just get her visa stamped before Oct 1 2007 by traveling to India (I understand we can take the risk first time itself) again or thru any other countries (Canada or Mexico). This will enable her to start working from Oct 1 2007.

    Thanks a ton for any advice.

  • #2
    H1 and H4 issues

    My wife and I are traveling to India on June 21st for a month. I have to get my 7th year H1b visa extension stamped and my wife H4 visa stamped in Chennai, India. In the mean time she has a H1B petition pending. I understand from reading the forums the following scenarios are likely to happen:

    1. If she gets her H1B approval and if we travel to India, she has to get her H1 stamped in India 90 days (or 60 or 30 days) before Oct 1 2007. If her visa gets rejected, can she enter in H4 by obtaining another appointment to get her h4 visa stamped? Will the previous rejection cause any problems for entering in H4? I work for a big IT company hence showing credentials will not be a problem.

    ---- If the H1 Visa is rejected then the entire H1 petition is at stake (i.e. it is no longer valid). She may be able to return to the US on H4 if the H4 Visa is valid and unexpired. However, remember that the last action rule of USCIS is always applicable and H1 is the latest status if approved by the time you are returning to the US.

    ---- Also, if you have applied for a change of status from H4 to H1 and you proceed to travel overseas, you are considered to have abondoned your H1 petition and it may even be rejected (Hope by the time you plan to travel, you have your petition approved and the actual physical document (I-797 approval notice) is in you possession

    2. To avoid chances of rejection, even after her H1 approval, if she gets her H4 stamped, does the current H1b becomes invalid?. I am not sure if this means she has to go through a whole new petition process or just get her visa stamped before Oct 1 2007 by traveling to India (I understand we can take the risk first time itself) again or thru any other countries (Canada or Mexico). This will enable her to start working from Oct 1 2007.

    ---- Once H1 is approved, the last action rule is applicable and valid. In the process if you get a H4 Visa stamp then you intending not to use the H1. Once you take a H4 Visa and return to the US, you cannot claim or reclaim H1status since you need a I-94 for H1 to get SSN and start working

    ---- All in all you have to get a H1 Visa before you enter US unless the issue is of COS from H4 to H1 and you continue staying in the US

    Subramanya

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    • #3
      When did the Company B filed for your transfer? Any Tentative Date?

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