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Entered on H4, H1B visa approved a day before

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  • Entered on H4, H1B visa approved a day before

    My wife who is on H4 traveled to India and had a pending H1B application. She returned to US on March 31st 2011 on her H4 (I-94 date March 31st, 2011), and her H1B got approved the same day (Notice Date: March 31st 2011, Valid from March 30th 2011 to Jan 1st 2014).

    1) What are our options now?
    2) Does she need to go to Canada to get her H1B stamped before she starts working?
    3) Any complications with Canada stamping for a genuine but small company?

    Any help will be of great help. Thank you!

  • #2
    I guess the H1B is approved as a Consular Process. If yes, then her employer can file an amendment to change it to a COS. It might take 2-3 months by normal process and 15 days by premium. Or she will need to leave the country and return back in H1B visa. If this is her first time H1B stamping and if she did not do her studies in U.S, then she will need to get the H1B stamped at her home country and Canada or Mexico is not an option.
    Not a legal advice. Use of this information is strictly at your own risk.

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