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H4 to H1 and leave USA when H1 Under Process--UREGENT---

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  • H4 to H1 and leave USA when H1 Under Process--UREGENT---

    Hi

    One of my friend came USA with family in Jan 28th 2008. She is working on H1and her husband came on H4.

    And She applied H1 for her hubby for this year and in recent lottery it got selected.

    Because of emergency they traveled from USA to India on July 1st 2008. Please can you clarify below my questions (Since they travelled when H1 is under Process):

    1. The H1 which we applied will have impact because of this travel? If he comes back (they will be coming on July 22nd 2008) on H4,The H1 which we applied is Valid or not? Once he come back can he start work on H1? OR do he need to go for stamping?
    2. Do we need to apply OR take care to make sure H1 will not have any problem?

    What are the Possibilites if H1 Petion approved? OR If it is not yet approved but get the recepeit number?


    Please can you replay me asap. Appreciate your help soon.

    Thanks...

  • #2
    1. No impact for H1b processing. Change of status will be void. Has to apply for amendment again to start work to change status from H4 to H1b or get a visa stamp and re-enter after sept 30 on H1b status.
    2. Nothing until it gets approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Plz can u provide few more details

      Thanks a lot for your prompt response.

      As I mentioned above we received the receipt number (I 797C), and the type of our case is I129, PETITION FOR A NONIMMIGRANT WORKER.

      1. So if my friend's hubby comes from india on h4, what procedure we should follow to make use of the H1 which we applied? and how much time this procedure takes? shall he start work from OCT 1st?
      2. If the h1 approved before he comes USA (he is coming on June 22nd), What will be his current status? is it H4 or H1? in this scenario also can he start work from OCT 1st on H1?

      Please can you provide more dettails on this, we are so confusion. Appreciate ur help.

      Thanks...
      Last edited by dnktou; 07-11-2008, 12:33 AM.

      Comment


      • #4
        1, I've given the options in my earlier post. I129 amendment by employer after the approval to change status takes 2-6 months and can work only after approval.
        2. Only if H1b COS was approved before he leaves US, he can automatically get back on H1b after Oct 1st. Otherwise, entry status will be the status one holds.

        Search for efren hernandez on the forum.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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