H4 Status change to H1

[findvisa]

Guys,

My wife came to US on H4. She found a job with a consultant and they filed for her H1. Now she plans on going to India in Dec.
Can she travel back to US with her H4? Would she have to go for an H1B Visa interview\stamping in Mumbai?

Guidance would be appreciated..

[Subramanya]

H1 and H4 issues

My wife came to US on H4. She found a job with a consultant and they filed for her H1. Now she plans on going to India in Dec.
Can she travel back to US with her H4? Would she have to go for an H1B Visa interview\stamping in Mumbai?

---- Yes, she may be able to travel back to US on H4, but then the I-94 at the POE will be for H4 only and not H1.

---- Normally, if you have COS from H4 to H1, the H4 becomes invalid and the status changes to H1 with the I-94 accompanying the H1 when the COS is done

---- If your wife wants to retain here H1 status, when going out of the country and returning back she has to seek a H1 Visa stamp affixed on her Passport by attending the Visa interview at a US Consulate in India

Subramanya

[findvisa]

H4 to H1 Change of Status

Thanks Subramanya.

Can anybody share their experiences?

[waitin_toolong]

what did you not understand about this reply...

if your wife enters using H4 her status will be H4 and she cannot work using H1

if she wants to work then she has to get a H1 stamp to enter using H1 or if uses H4 thne she will have to file for COS when she gets here and wait for approval before she can start work.

[JN1]

Similar case

Hi,

I came here on H4, applied for H1 thru a consulting company and the H1 is valid from October. However, I started working from November and I need to go to India in January beginning/ Dec end. I have fixed an appointment for Visa interview and stamping in India, upon discussion with my lawyer, to retain my H1.So that should answer ur question.

My only concern is with respect to pay stubs - I will be having only a couple of paystubs and the year to date figure would be showing me being paid from November only (when I started working). My fear is will I be questioned, for not starting work in Oct when H1 status became valid?Please help!