H4 visa to H1 B (validity)

[visweshwar2007]

Hi,
I am thinking to file H1B for my wife this year, she is right now on H4 and in usa, if she get's approved by may (hopefully) from INS (note: not stamping yet), does her H4 still valid till october? or she'll be considered on H1B...
bottom line is, does she can go india and come back before october on H4, even after she;s been approved for H1B?

thank you

[OMM]

Hi,
I am thinking to file H1B for my wife this year, she is right now on H4 and in usa, if she get's approved by may (hopefully) from INS (note: not stamping yet), does her H4 still valid till october? or she'll be considered on H1B...
bottom line is, does she can go india and come back before october on H4, even after she;s been approved for H1B?

thank you

--If the H-1b petition was filed requesting a change of status then the H-4 cannot leave the U.S. until the petition is approved. The H-4 may leave the U.S. after the petition is approved, and may return on H-4 status prior to the effective date of the I-94 issued with the H-1B change of status approval notice and begin employment with the H-1B petitioner.
If, however, the H-4 leaves the U.S. before the petition is approved, then the request for change of status will be considered abandoned. USCIS will approve the petition with consular notification. This means unless, the H-4 returns overseas, obtains an H-1B visa, and returns to the U.S. on H-1b status, the H-4 will continue to be on H-4 status and not H-1b.
Unless a person has an I-94 that says that person's status is H-1B that person cannot legally work for the petitioning employer.

[visweshwar2007]

this seems bit tricky.."may return on H-4 status prior to the effective date of the I-94 issued with the H-1B change of status approval notice and begin employment with the H-1B petitioner", can you let me know, what do you mean by effective date of I-94 issuance? and can you be more specific on this particular sentence that you quoted here...

Thanks for your help OMM

[OMM]

this seems bit tricky.."may return on H-4 status prior to the effective date of the I-94 issued with the H-1B change of status approval notice and begin employment with the H-1B petitioner", can you let me know, what do you mean by effective date of I-94 issuance? and can you be more specific on this particular sentence that you quoted here...

Thanks for your help OMM

-- readcarefully, she can return on her H4 but she must be enter before getting or accpted or change of status of her H4 to H1b.. becarefull...

[kabkaba]

if she returns on h4, she will void the H1 cos and cannot work unless another cos to h1 is approved.

but in any case do not apply for H1 unless she has a legitimate job, if you are paying a consultant (which is illegal) it will be wasted.

[visweshwar2007]

thanks guys for your valuable answers...that concludes that it;s better to play safe by not going out for a while (till stamped). Thanks