H4 To H1

[taraiya]

Hello All,

I am on H1B working for a large company in the US. My wife Ranu came with me on H4 in June '06. Before she entered US, a H1B petition was filed for her in May '06. We received her H1B approval in Sept '06. The approval (I797) is valid until Sept. 09. We had a baby in Jan '07 and Ranu's plans for going to work around Jan 09. With that background, I have following questions:

i) What is the best stamping options for Ranu's H1 ? I suppose going to Mexico/India for stamping or filing some amendment (suggested by some attorney cost around $3000 ) without going for stamping anywhere ? Is it ok to stamp in mexico (I guess Nogales mexico since Trujana mexico is not giving appointment before March 09) ?

iii) I am afraid if we go to Mexico for stamping and because of some reason they deny H1, would she be able to come back to US on existing H4 since currently she is here on H4.

Please let me hear from you.

Thanks,

[C4us]

She will be required to prove that there is still a job available for her. With the current economy, this may be difficult.

Unless her last degree is from the US, it is suggested that she attend stamping in home country.

It is likely she would be readmitted on H4 if her H1B is denied in Mexico/Canada but no entry into the US is a sure thing.

[taraiya]

H4 To H1

Thanks a lot for your time. Well she has not done any degree from US but she has done master's (computer Science) from India and have 3 years IT experience in India.

I am sorry to say that I could not understand your answer of my 2nd question "It is likely she would be readmitted on H4 if her H1B is denied in Mexico/Canada but no entry into the US is a sure thing."

Did you mean that if her H1 is denyed (or let's say they ask more details which we dont have now and we want to come back to US) her H4 also be cancelled and she can not come to US unless she requst/apply H4 again ?

Please suggest.

Thanks,

She will be required to prove that there is still a job available for her. With the current economy, this may be difficult.

Unless her last degree is from the US, it is suggested that she attend stamping in home country.

It is likely she would be readmitted on H4 if her H1B is denied in Mexico/Canada but no entry into the US is a sure thing.

[C4us]

While it is unlikely that her H4 would be cancelled, it is always a possibility. Any time you present yourself at the US border for entry, you may be denied and possible have your visa revoked if the IO believes that you should not be granted entry. While in your case this is not a likely event, you should be aware that there is nothing 100% guaranteed when it comes to visas and US entry.

It would be in her best interest to get stamping in India. With her degrees and delay in beginning work, she is more likely to be successful there.

[taraiya]

H4 to H1

Thanks for the prompt response. What do you think about requesting an amendment to the H1 asking for a I-94 which would allow her to start working. It is suggested by some attorney costing around $3000. What would be the success of requesting an amendment.

Or

As you explained we should go to India ?

Thanks again.

[C4us]

I assume the quote cost includes priority processing otherwise you are looking at quite a wait for the COS. Again, she must document the existence of a job for her. No one can predict the success for a COS.
With priority processing, you should have something back in 3 weeks (15 work days); it may be a RFE, a denial or an approval; there is no way of predicting how strong her case is on a forum. The attorney has a better idea.