H4 to H1

[nashok]

Hi Attorney,

My wife who is currently on H4 visa got her petition approved by Feb 2018 ,but the employer is saying that she needs to go to India for stamping and cannot change from H4 to H1 status. Need your advice .Please help.

Thanks!

[srini005]

I hope we'ill have the option I-539 change of status and your spouse  don't need to travel.

[JoeF]

On 5/14/2018 at 1:02 PM, nashok said:

Hi Attorney,

My wife who is currently on H4 visa got her petition approved by Feb 2018 ,but the employer is saying that she needs to go to India for stamping and cannot change from H4 to H1 status. Need your advice .Please help.

Thanks!

That depends on how the H1 petition was filed. If it was filed with COS, there would be an I-94 at the bottom of the approval notice, and she would be in H1 status from the date listed in that I-94.

If the H1 was filed for consular processing, she indeed would have to go abroad, get an H1 visa, and enter with that visa to be in H1 status.