H4 to H1B conversion: Travelled to India on the date of H1B application, back in U.S before approval

[ziddhique]

Hi,

We applied for my wife's H1b visa through her employer.

This is the chronological order of events for easy reference.

1. Aug 26^th, 2011: We ( me and my wife) entered U.S for the first time on my H1b and her H4 dependent visa.
   
2. March 14^th, 2012: My wife travels out of U.S to India.
   
3. May 25^th, 2012: My wife’s H1B application is filed by her employer with I-94 from her first entry.
   
4. June 20^th, 2012: My wife enters back U.S and has a different I94 than the one we applied her H1B with.
   
5. Dec 17^th, 2012: My wife's H1B is approved, however the approval notice does not have new I-94 information and also mentions that "they may depart United States and apply for a proper visa at a consulate abroad".
   

Our question here is, since my wife is already in U.S, does she really have to go back to Chennai to get her visa stamped before she can start working on H1b? Is there a way to amend or change the approval to include her new I94.

Thanks & regards,

Aboo

[pontevecchio]

It depends on the company. If they want to again file the same H1 petition and pay for it they can do it with COS from H4. Otherwise she needs a H1 visa . Why is the visa a problem under the circumstances? Anyway talk to the company.