B1 to H4/H1

[sri111]

My wife is having H1 visa and she used to work in US for Company A thru third party consultant. She moved to India last June and working for same Company A offshore. Now Company A is ready to send her to US on B1Visa. As per knowledge if she attends B1 Visa Interview, H1 will be canceled. but petition is valid till Oct 2010.

is it possible legally to change status from B1 to H1/H4 if she comes on B1?

else

if she attends for H4 Visa Interview in India then her H1 will be canceled which is valid till oct2010?

Please suggest

thanks,
Sri

[sk4ih]

No valid visa would be canceled.
B1 to H1 COS would not be possible.

[sri111]

No valid visa would be canceled.
B1 to H1 COS would not be possible.

you meant Her H1 visa will not be canceled if she goes for H4 visa

[shervin143]

That depends on the VO. Visa is just an entry document to U.S. COS from H4 to H1B is possible when she is in U.S.

you meant Her H1 visa will not be canceled if she goes for H4 visa

[sri111]

[QUOTE=shervin143;188505]That depends on the VO. Visa is just an entry document to U.S. COS from H4 to H1B is possible when she is in U.S.[/QUOT

Suppose if she does not get H4 in Interview then also existing H1 would be canceled.Please suggest

[shervin143]

Again, that depends on the VO. If there is a valid reason to cancel, they will go for it.

[QUOTE=sri111;188582]

That depends on the VO. Visa is just an entry document to U.S. COS from H4 to H1B is possible when she is in U.S.[/QUOT

Suppose if she does not get H4 in Interview then also existing H1 would be canceled.Please suggest

[kabkaba]

What is canceled is only the visa (if at all).
If the employer wishes to invite her on H1 and has an approved petition, she can get the visa again anytime. This does not affect her 6 years period or the petition.