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  • H4 to H1

    My wife's H1B change of status application was approved with start date October 01, 2008 with company X. She is currently on H4 status with validity until 2011 (on her current I-797). Her new I-797 with company X shows validity until 2011

    Now, she want apply SSN with new H1 on October 01.She asked to employer send my H1 Approval . They told "your H-1 petition was not approved to automatically transition her to H-1 status. We will need to file a change of status.We are waiting for to get on a project to change the status. With the geographic restriction. If we change your status without being a project, you will have H-1 status problems"..

    My question is she Can not change her Status from H4 to H1 with out join the Job. Could you please to me on this
    Thank You
    Sreeni

  • #2
    Ask employer for a copy of I797. If it came with an attached I-94, it was a COS. If not, you cannot apply for SSN until it is a COS or until you get a visa stamp of H1 and enter.

    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.

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