Question on travel with H4 visa with H1 in applied state

[sahoo1979]

Hi,

My wife has a valid H4 till 24th Jun 2010. Her H1B will be applied in April '10. So, can she travel to USA with H1B in applied state? Is there any impact of this travel on her H1? Please let me know.

Thanks.

[shervin143]

No issues.

[sahoo1979]

Some more clarification required

Thanks for the response.

Now, once the H1 is approved, she needs to go out of the country to get it stamped, correct? Can the stamping be done in Mexico or Canada?

[shervin143]

Yes. First time H1B stamping should be done at the home country.

Thanks for the response.

Now, once the H1 is approved, she needs to go out of the country to get it stamped, correct? Can the stamping be done in Mexico or Canada?

[sahoo1979]

My company folks are telling me the following:
"An applicant should be out of USA while an H1 is being filed"

What does this mean? Is this correct?

[shervin143]

That is not true. If that is the case non of the people in H4 visa in U.S can file for H1B.

My company folks are telling me the following:
"An applicant should be out of USA while an H1 is being filed"

What does this mean? Is this correct?

[sahoo1979]

Referring to your response, if a person who is on H4 in USA applies for H1, is this not a case of Change of Status? Or will this be a fresh H1?

[shervin143]

Yeah, it is a new H1B with COS (Provided the candidate is applying the H1B for the first time). They still have to file in the month of April and wait until Oct to start working (If the petition gets approved).

Referring to your response, if a person who is on H4 in USA applies for H1, is this not a case of Change of Status? Or will this be a fresh H1?