H4 to H1

[narrysharma]

Hello,

Can some one advise on the below.

My wife is currently on H4 valid until May 2015. Recently she got her H1 B approved under the regular cap, H1 is effective from Oct-2012.

She is planning to travel to India sometime in Nov this year.

1) Not sure if her employer need to apply a change of status (COS ) from H4 to H1 or does the status change happens by default when her H1 petition is approved

2) Can she travel to India and come back on H4 status, and then can start working on H1 after Nov 2012 ? So this way , she does not need to go for stamping with her H1

Thanks,

Naresh

[pontevecchio]

1. Nothing happens by default. She should ask the sponsor.

2. Why is she not coming back with the visa?

[narrysharma]

Thanks for your response,

I would have thought - for stamping, she would need to work here and have pay stubs and other relevant documentation.

We will check with the sponsor then on the COS.

On a side note, we just have email which states the H1 approval and the I-94# mentioned is the same as that of the H4.

Can the I 94 be used to say if COS is applied or not ?

Thanks again,

Naresh

[pontevecchio]

It seems a COS situation. Any travel after October,1 would need the H1 visa. How in tarnation would one expect pay stubs in H4 status.

[kattu786]

Hello, Can some one advise on the below. My wife is currently on H4 valid until May 2015. Recently she got her H1 B approved under the regular cap, H1 is effective from Oct-2012. She is planning to travel to India sometime in Nov this year. 1) Not sure if her employer need to apply a change of status (COS ) from H4 to H1 or does the status change happens by default when her H1 petition is approved 2) Can she travel to India and come back on H4 status, and then can start working on H1 after Nov 2012 ? So this way , she does not need to go for stamping with her H1 Thanks, Naresh

If the H1 was filed as COS then she need to start working from the day her H1 is approved .If she wants to work after Nov 2012 , sh would have to go to India before her h1 is approved and reenter US (on H4)after the H1 is approved.But then she would be on H4 and COS needs to be filed again

If the H1 is filed as CP and she wants to work , she would have to get it stamped.