valid 1-797B exists...going for H4 Stamping

[ksharatchandra]

Hi All,

My Wife has a valid 1-797B valid thru 08/30/2011. We thought 1-797B got expired. Now after marriage she is going to H4 stamping. After coming to the US can she use her I-797B and work?

Please let me know.

Thank you,
Sharat.

[kabkaba]

Do you mean she has an H1 petition approval? 797 is issued for a lot of reasons.

For working in H1, she must be in H1 status. Status is determined by the last issued I-94. So in order to work she has two options,
1. Get H1 Visa using this petition and enter with that Visa. Start working immediately.
2. Get H4 Visa, enter with H4 Visa and have an employer file H1 petition (old employer can file amendment, new employer can file cap-exempt petition) with change of status. She can start working after approval.