Need Help

[sjainin]

Hi,

Recently, me and my wife got visa for Bahamas (as I am a non-resident US and on H1B visa) which we are planning to go during the month of July Long weekend. Also, at the same time my wife got selected for H1B quota for the FY 2009. She is now on H4 visa. As of now we only know that her Check is cashed. Do you think if there will be any problem for my wife once we will be entering back to US again? in terms of H4 to H1 visa? I just want to be on safe side before making any further travel plans? I have also read in the forum about COS, do we need to apply it now during her H1 processing or during the time when she have H1 approval and then apply for change of status?

Thanks
Sachin

[DMX17]

Read this thread. Change the L1 to H4.

http://www.immihelp.com/forum/showthread.php?p=114163#post114163

A COS can be applied at the time of filing for an H1. Your wife's employer may have applied already. Check with them if you are not sure. A COS can also be applied once the H1 without COS has been approved. This is called an amended H1 petition requesting the I-797 with an attached I-94.

[sjainin]

Need Help

I just had a talk with my wife empolyer and as you mention they have applied for COS for her and they are waiting for the approval. They told me exactly they have no idea when the approval will come and I am assuming by looking at different threads it will come in Oct(Please correct me if I am wrong).
So considering that, do you think it will be a good idea to take a risk of going to Bahamas in July?

Thanks
Sachin

[txh1b]

Not a good idea if you want H1b COS to be approved.

Otherwise, no big deal. H1b will get approved and will require an amendment for COS again or a visa stamp and re-entry on H1b.