COS H4 to H1

[vis]

Hi All,

My wife is in H1 and working (earlier she was on H4 and valid till Oct 2012), we are planning to go India in June, she needs to go for stamping. below are the questions we have

* If she gets delayed or given pink slip, can she come on H4 visa and then apply for COS H4 - H1?
* what she needs to do at Port of entry? and what documents she needs to carry?

[shervin143]

* If she gets delayed or given pink slip, can she come on H4 visa and then apply for COS H4 - H1?
>>> Usually when you go for H1B stamping, the H4 visa will be cancelled. If her H4 visa remains valid, then she can travel back in H4 and then file a COS to H1B. If her H4 visa is cancelled, then you have to apply again.

* what she needs to do at Port of entry? and what documents she needs to carry?
>>> Check these links

http://www.immihelp.com/forum/showthread.php?t=98302

http://www.immihelp.com/forum/showthread.php?t=80932

[vis]

Thanks shervin143 for the quick reply, how to verify her h4 is whether still valid or not? do you want me enquire employer ?

[shervin143]

Employer has nothing to do here. After the H1B visa interview, take the passport, browse to the previous H4 visa page and see if it has a cancellation stamp across it. If it is stamped with CWOP, then it is cancelled.

Thanks shervin143 for the quick reply, how to verify her h4 is whether still valid or not? do you want me enquire employer ?

[vis]

Thanks for the info.. Shervin143.

[vis]

I have another question,
* What if she doesn't go for stamping for H1B?
* can she come back on H4 stamping which was there since begining?
* after she returns can she apply for COS?

[shervin143]

* What if she doesn't go for stamping for H1B?
>>> Well, in that casde she will not be able to enter U.S in H1B status.

* can she come back on H4 stamping which was there since begining?
>>> Yes.

* after she returns can she apply for COS?
>>> Yes. She cannot work until the COS gets approved.

[vis]

Thanks Shervin143, i appreciate your time.