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H4 to H1 queries

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  • H4 to H1 queries

    I am on H1B visa and currenlty working in US. My wife is in India and she is on H4 visa and planning to come to USA by mid of April. One of the employer here is interested in filing for her H1B visa for this year 2009. My questions are as below:

    1. Whether she can apply for H1B visa while she is in India and come over here(USA) by April mid,2009) and work on H1B once the H1B approval is received on Ocotober 2009.

    2 Once the approval is received, whether her status will automaticaly change from H4 to H1B or Whether she needs to go back to India and get the H1B visa stamped and enter US again on H1B?

    3. If due to some unforseen circumstances if the current employer is not able to give her the job whether her H1B will become void and invalid and whether she can stay in US with her H4.?

    4. Once she gets the approval whether her H4 visa will automatically gets cancelled?

    Can anyone please answer my queries.

    Thaks in advance,
    Gopu

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