Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H4 to H1 - Change of Status - Doubts

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H4 to H1 - Change of Status - Doubts

    My wife is now in the US on H4 visa which is valid till May 2009. We are planning to apply for a Change of Status (COS) for her to H1B in April 2008 using the current I94 details. We are planning to take a vacation to India in May-August 2008 timeframe and returning back in 2 weeks. I have the following questions regarding the same:
    1. Is she legally allowed to leave the US and re-enter on H4 in this timeframe when her H1B application is under processing at USCIS or when she has a valid H1B petition (I-797) with an extended I94 reflecting her H1B status which is valid only from October 2008?
    2. If we travel in May and assuming she hasn't received her I-797 for the H1B till then, when we travel back to the US after the vacation she will have a new I-94. But when her H1B application is approved later, the approval petition I-797 will have her old I94 details. Can we get it corrected?
    3. If we postpone the travel to August 2008, after she receives her I-797 (with the I94 details), can she leave the US and come back before October 2008 using her H4 visa without stamping the H1B visa on her passport?
    4. Also, if she gets her H1B stamped on her passport (after she receives her I-797) while in India during the vacation in August 2008, can she travel back to US on her H4 before October 2008, because her H1B will be valid only from October 2008?

    Thanks in advance.

{{modal[0].title}}

X

{{modal[0].content}}

{{promo.content}}

Working...
X