H4 to H1 question

[kperathi]

Hi

We applied for H1 visa this year for my wife and it is approved this october. We are yet to apply for SSN for her. Now she is planning to go India for some medical treatment in Feb 2017. We dont want to apply SSN and convert to H4 again before she goes to India. I have following questions. Would appreciate if you can clarify.

1. Is it OK to not apply for SSN even if you have I797 approval?

2. Since her H1 is approved, does it mean her status is changed from H4 to H1?

3. If the answer is NO, At what time we need to apply for change of status(from H4 to H1)? Is it when you apply for SSN or is it employers responsibility to apply for change of status when they file H1?

4. When she come back from India, can we apply SSN for her using her I797 approval?

Thanks

[shekar11#]

First of all if her H-1 is approved it means she is now in H-1 status. She needs to apply for SSN and also needs to be paid once the SSN is issued. If not she will be out of status. She cannot just be on H-1 without applying SSN and not getting paid. Better to discuss your case with a attorney.