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H1 approved, but on H4 now, I-94 expiring in Sept 2007

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  • H1 approved, but on H4 now, I-94 expiring in Sept 2007

    Hello,
    I am current in US ona H1 visa. We got Married in Feb 2007 and my wife got her H4 stamping in May and entered US in May. She has her H4 visa's I-94 stamping valid till Sept 30th 2007. Since she was working in her home country i had applied for a H1 visa in April and she has now received her I-797 approval notice with a start date of Oct 1st 2007.
    Now my question is can she now apply for a change of status from H4 to H1 and start working in US from Oct1st 2007?
    Regards
    Visaseeker

  • #2
    if she got an I-94 attached to the approval then she does not need to fle for COS

    otherwise she need to either get H1 stamped or have approved COS to start work.

    Just applying is not enough.

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    • #3
      Does H1 approval become invalid?

      >> if she got an I-94 attached to the approval then she does not need to fle for COS
      Since we had applied for a fresh H1 for her, there was no I-94 attached.

      >> otherwise she need to either get H1 stamped or have approved COS to start work.
      The problem now is that my h1 is expiring on 30th Sep 2007 and also her H4 is expiring on the same date. My employer has applied for a H1 extension for me and simultaneously h4 extension for my wife. My employer tells me that once she gets her h4 extension approval, we can apply for a change of status to H1.

      I am wondering if this would cause any problem? like making the H1 approval invalid or any such thing. What would be the best approach for me.

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      • #4
        if you just apply for COS and not extension then too she would be fine, but cant work till she gets approval. or she can go for interview in home country and get H1 stamp.

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