pokirigadu Posted February 28, 2014 Report Share Posted February 28, 2014 My Wife H4 is valid up to Sept 2014. Her H1B application will be applied in April 2014. Travel period: March 15, 2014 out of Country, come back to US April 25, 2014 Assuming H1B application is approved before her entry date to US: Can she enter US with existing h4 stamping on April 25, 2014 ? As H4 to H1B status will change from Oct 1st, 2014. At what point H4 status gets invalidated ? If H1B stamping is done. Can she enter US before Oct 1st, 2014 as planned in April? Thanks in Advance. Link to comment
pontevecchio Posted February 28, 2014 Report Share Posted February 28, 2014 If her H1 petition with COS to H1 from H4 effective October onwards is APPROVED before she leaves the country then she can return in H4 status and the status will change to H1 from October. Only if she leaves after approval. The H1 visa lets you come in up to 10 days before start date as you very well know being in H1 status. Link to comment
jairichi Posted February 28, 2014 Report Share Posted February 28, 2014 My Wife H4 is valid up to Sept 2014. Her H1B application will be applied in April 2014. Travel period: March 15, 2014 out of Country, come back to US April 25, 2014 Assuming H1B application is approved before her entry date to US: Can she enter US with existing h4 stamping on April 25, 2014 ? As H4 to H1B status will change from Oct 1st, 2014. At what point H4 status gets invalidated ? If H1B stamping is done. Can she enter US before Oct 1st, 2014 as planned in April? Thanks in Advance. Yes, she can enter US after H1B approval with a valid H4 visa. But, to begin working on H1B she has to either exit or enter US with a valid H1B visa or employer files for a COS and pay H1B fees again. She can enter at the earliest 10 days before H1B start date with a H1B visa. Link to comment
hari1985 Posted March 6, 2014 Report Share Posted March 6, 2014 My Wife is on H4 and valid through Dec 2014. This April I'm filing H1B for her. We are planning to visit India around June 20th 2014 -july 20th 2014. I want to know if she can enter on H4 visa if her h1 application is picked in the lottery and its pending? Link to comment
jairichi Posted March 6, 2014 Report Share Posted March 6, 2014 My Wife is on H4 and valid through Dec 2014. This April I'm filing H1B for her. We are planning to visit India around June 20th 2014 -july 20th 2014. I want to know if she can enter on H4 visa if her h1 application is picked in the lottery and its pending? Yes, she can enter on H4 visa. Link to comment
hari1985 Posted April 30, 2014 Report Share Posted April 30, 2014 My wife H1B petition is picked in the lottery. We are planning to go to india from June 26th to July 26th. I'm applying for premium processing. If her H1B gets approved before we leave to India. 1)Can she enter on H4 visa and start working from October without any stamping done? 2) Does she need to go for stamping in India? 3) Or enter us with H4 and need to exit US after October and get the H1B stamping done? Link to comment
jairichi Posted April 30, 2014 Report Share Posted April 30, 2014 My wife H1B petition is picked in the lottery. We are planning to go to india from June 26th to July 26th. I'm applying for premium processing. If her H1B gets approved before we leave to India. 1)Can she enter on H4 visa and start working from October without any stamping done? 2) Does she need to go for stamping in India? 3) Or enter us with H4 and need to exit US after October and get the H1B stamping done? 1. Yes. 2. If she wants. 3. Refer 1. Link to comment
krishna.senthil@gmail.com Posted May 15, 2014 Report Share Posted May 15, 2014 1. Yes. 2. If she wants. 3. Refer 1. Hi Hari, We're also in the same situation. Applied H1 for my wife in premium and waiting for travel to India on June and return by July. Please share your email address, I'll keep you posted. my email is ************@gmail.com Thanks! Link to comment
krishna.senthil@gmail.com Posted December 18, 2014 Report Share Posted December 18, 2014 Hi, My wife travelled during H1B process.In july 2014 it got approved with COS denial.In October she got a project so we filed COS and got RFE requesting client letter,we responded thr RFE with the documents requested but USCIS denied by stating below reasons and also mentioned if needed i can appeal before 30 days. 1) There is mismatch between the role given in client letter and designation filed 2) My validity of H1B is for 3 years ,but the project is for 6 months duration,So they are asking projects for remaining 2.5yrs In this case can appeal by justyfying the questions they asked or can i do amendment?Which would be the best option? Kindly help on this. Link to comment
jairichi Posted December 18, 2014 Report Share Posted December 18, 2014 Hi, My wife travelled during H1B process.In july 2014 it got approved with COS denial.In October she got a project so we filed COS and got RFE requesting client letter,we responded thr RFE with the documents requested but USCIS denied by stating below reasons and also mentioned if needed i can appeal before 30 days. 1) There is mismatch between the role given in client letter and designation filed 2) My validity of H1B is for 3 years ,but the project is for 6 months duration,So they are asking projects for remaining 2.5yrs In this case can appeal by justyfying the questions they asked or can i do amendment?Which would be the best option? Kindly help on this. Your spouse's attorney will respond to RFE with relevant documents. Link to comment
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