preethidevarajan Posted January 2, 2014 Report Share Posted January 2, 2014 Hi... My Wife is in my dependant Visa H4. She went to india for maternity delivery on September 2013. Our baby is a month old now(D.O.B Nov 26th 2013). She should be back by March 2014 to join me in U.S.A. She has got her approved H1B Petition on December 23rd 2013 which was initiated very long before (March 2013). Please let us know our status now. 1. Should she has to go for H1B Visa stamping to enter into U.S.A ? 2. What will happen to her H4 Visa ? 3. Should we have to convert her Visa Status (From H4 to H1B) ? 4. When can she start working from ? (Based on her health, She would be able to work starting at least from July 2014). Link to comment
jairichi Posted January 2, 2014 Report Share Posted January 2, 2014 Hi... My Wife is in my dependant Visa H4. She went to india for maternity delivery on September 2013. Our baby is a month old now(D.O.B Nov 26th 2013). She should be back by March 2014 to join me in U.S.A. She has got her approved H1B Petition on December 23rd 2013 which was initiated very long before (March 2013). Please let us know our status now. 1. Should she has to go for H1B Visa stamping to enter into U.S.A ? 2. What will happen to her H4 Visa ? 3. Should we have to convert her Visa Status (From H4 to H1B) ? 4. When can she start working from ? (Based on her health, She would be able to work starting at least from July 2014). First of all what is her intention to enter US? To work or be at home? 1. Yes, if she wants to start working immediately she has to apply for a H1B visa. If not, she can enter with a valid H4 visa. 2. If she applies for H1B visa there is a possibility that her H4 visa might get canceled. 3. Depends on what she wants to do after entering US. If she plans to work H1B otherwise H4. 4. Employer applies for COS from H4 to H1B and after approval she can start working. Link to comment
pontevecchio Posted January 2, 2014 Report Share Posted January 2, 2014 1. She can only enter with the H4 visa if she intends to take time off till June. After that any H1 sponsor can file a H1 petition with COS from H4 and then she can start work. 2. She will need to get a H4 visa or use the existing valid visa . 3. See 1. 4. Her call. Now what does her H1 sponsor say about the matter? Link to comment
informrangs Posted January 5, 2014 Report Share Posted January 5, 2014 Im facing slightly similar situation but the above response is not very clear. My wife currently has a h4 visa stamped till oct-2014.her h1 is still pending for approval. She is planning to visit india in april. My question is If her h1 is approved before she travels to india or whileshe is in india is it mandatory for her to attend a stamping in india or she can enter us on the existing h4 Pls let me knw if anyone knows clearly how these things work , thx in advance Link to comment
jairichi Posted January 5, 2014 Report Share Posted January 5, 2014 Im facing slightly similar situation but the above response is not very clear. My wife currently has a h4 visa stamped till oct-2014.her h1 is still pending for approval. She is planning to visit india in april. My question is If her h1 is approved before she travels to india or whileshe is in india is it mandatory for her to attend a stamping in india or she can enter us on the existing h4 Pls let me knw if anyone knows clearly how these things work , thx in advance H1B applied in 2013 is still pending for approval? Link to comment
informrangs Posted January 6, 2014 Report Share Posted January 6, 2014 Yes, she got an RFE for 2013 application which the employer responded (non premium) and we are waiting for the decision . After the H1 approval if she moves to india ,is it mandatory to attend stamping? Link to comment
jairichi Posted January 6, 2014 Report Share Posted January 6, 2014 Yes, she got an RFE for 2013 application which the employer responded (non premium) and we are waiting for the decision . After the H1 approval if she moves to india ,is it mandatory to attend stamping? Got it. If her H1B gets approved while she in in India and if she wants to work immediately then she has to get a H1B visa and enter with her I797. She can also come back on valid H4 visa but to start working her employer has to again apply for COS to H1B and pay all H1B fees. I am sure her employer will not be interested in this route. Link to comment
t75 Posted January 6, 2014 Report Share Posted January 6, 2014 If she wants to work immediately on H1B upon entry, stamping is required. COS is costly in $$$ and time Link to comment
informrangs Posted January 7, 2014 Report Share Posted January 7, 2014 Got you. If her H1 gets approved when she is in USA and then if she visits india , even then does she need to go for stamping to return back to USA? Link to comment
pontevecchio Posted January 7, 2014 Report Share Posted January 7, 2014 If one wants to return in H1 status one needs the H1 visa. It is the same for any other status. H4 visa to come back in H4 status etc. Link to comment
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