- My fiancée is currently in USA on a L1A visa stamped on her passport valid until Sep 2009 with employer A( a big firm)
- Employer B ( a small firm) filed for a L1 to H1B with change of status and it got selected on lottery and approved with I-797 + i-94 effective October 1 ,2008
- She is leaving to India end of July 2008 and we are getting married in September 2008
- I am on H1 status in the USA and I am looking at *safe* options of bringing my fiancée back with me to USA , rather than have her appear for H1 visa interview in home country ( since employer B is a small consulting firms , and USCIS is very cautious these days in approving visas for candidates who go through software consulting firm )
- We are getting married on Sep 1 ,2008 | Appear for H1B stamping and my fiancés H4 dependent stamping together at US Consulate in India | Return back to USA around Sep 19,2008
Questions
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o Will the verification officer know about her H1 petition and ask her why she is appearing for H4 stamping ?
o At the port of entry , will immigration ask her why she is entering USA on H4 when she has a approved H1 petition ?
o Assuming the H4 stamping for my fiancée is done successfully , and I bring her back on Sep 20,2008 to USA
- What will her status on Oct 1,2008 ? H1B or H4 ?
- What happens to her approved COS from L1 to H1 on Oct 1,2008 ?
- Does she need to file a new COS from H4 to H1 once she comes back to USA to start working on H1 with the employer B who filed her H1 petition ?
- Employer B ( a small firm) filed for a L1 to H1B with change of status and it got selected on lottery and approved with I-797 + i-94 effective October 1 ,2008
- She is leaving to India end of July 2008 and we are getting married in September 2008
- I am on H1 status in the USA and I am looking at *safe* options of bringing my fiancée back with me to USA , rather than have her appear for H1 visa interview in home country ( since employer B is a small consulting firms , and USCIS is very cautious these days in approving visas for candidates who go through software consulting firm )
- We are getting married on Sep 1 ,2008 | Appear for H1B stamping and my fiancés H4 dependent stamping together at US Consulate in India | Return back to USA around Sep 19,2008
Questions
=======
o Will the verification officer know about her H1 petition and ask her why she is appearing for H4 stamping ?
o At the port of entry , will immigration ask her why she is entering USA on H4 when she has a approved H1 petition ?
o Assuming the H4 stamping for my fiancée is done successfully , and I bring her back on Sep 20,2008 to USA
- What will her status on Oct 1,2008 ? H1B or H4 ?
- What happens to her approved COS from L1 to H1 on Oct 1,2008 ?
- Does she need to file a new COS from H4 to H1 once she comes back to USA to start working on H1 with the employer B who filed her H1 petition ?
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