H4 to H1 and Travel query

[jonnasn]

Hello All

Here is the scenario.

My wife is on H4 and staying with me in US. We are filing a H1 for her for this year. I have few questions for different possible different scenarios

1 : if H1 is rejected, can she still continue staying in US on H4?

2 : If H1 is approved, Would she be a H1 candidate till Oct 2013 or would she be a H4 till Oct 2013 and then her H1 comes into picture?

3 : If h1 is approved and if she travels to India before October, should she get her H1 stamped? (Both my H1 and her H4 stamping are valid till May 2014)

4 : If I transfer my H1 to a different employer this month, what would happen in the 3rd scenario above?

Any help would be highly appreciated.

THanks

[jonnasn]

Also going thru few others posts, looks like its not that straight forward.

There is another thing called COS from H4 to H1 which needs to be done before Oct 1st.

Let us assume her H1 petition is approved.

Now if she travells while COS in process, then there are chances for her COS to be rejected and cannot work from Oct on H1.

Now the question is, what if she travels sometime in July-Aug before COS is applied?

And what if she travels after COS is applied and approved and comes back to US before Oct1? Should she have her H1 stamped?

[spartasjsu]

Hello All

Here is the scenario.

My wife is on H4 and staying with me in US. We are filing a H1 for her for this year. I have few questions for different possible different scenarios

1 : if H1 is rejected, can she still continue staying in US on H4?

[sparta] Yes, cuz her COS was rejected which means she is still on H4

2 : If H1 is approved, Would she be a H1 candidate till Oct 2013 or would she be a H4 till Oct 2013 and then her H1 comes into picture?

[sparta] from Oct 1st ..

What happens once COS is approved?

If USCIS approves the COS, then they would issue approved 797 along w/ an attached I-94. The attached I-94 will have the start and end date of the new visa category along w/ annotation for the new visa category. The alien will be on the new visa category from the start date mentioned in the approval notice, and is supposed to start maintaining the new status from that date. For example, if COS is applied from L-1 to H-1, then L-1 status needs to be maintained until COS approval date, and H-1 status needs to be maintained thereafter.

3 : If h1 is approved and if she travels to India before October, should she get her H1 stamped? (Both my H1 and her H4 stamping are valid till May 2014)

[sparta] Ideally she should , because her status has been changed. If she skips H1 stamping and prefers to come on H4, her status is again set back to H4..which means you would have to apply for COS from H4-H1 again. I dk what the process is.. or how long it takes

4 : If I transfer my H1 to a different employer this month, what would happen in the 3rd scenario above?

[sparta] I guess if she gets her H1 stamped, then she is good .

I am trying to check with a lawyer reg #3, as my wife is also thinking about travelling before october. I will post if I get any info on it

Any help would be highly appreciated.

THanks