H1B-H4

[Joe03]

My wife went to India in October due to personal reasons.Her's New H1-B started from Oct 1st 2013.If she want to return to USA,Whether can return on existing H4 stamped on Passport from Other Company(valid till May 2014) Or she need to get new H4 stamping thru Amensys?She didn't started to work on her new H1-B in Oct, So whether she hired under H1-B?Please advise.

[jairichi]

My wife went to India in October due to personal reasons.Her's New H1-B started from Oct 1st 2013.If she want to return to USA,Whether can return on existing H4 stamped on Passport from Other Company(valid till May 2014) Or she need to get new H4 stamping thru Amensys?She didn't started to work on her new H1-B in Oct, So whether she hired under H1-B?Please advise.

Why was not she working after H1B approval from 1st Oct 2013? Was H1B approved as change of status? If yes and she was not working she was out of status. If she enters with her existing valid H4 visa and then if she wants to start working then employer has to apply for COS from H4 to H1B and employer pays H1B fees again. She can start working only after COS approval.

[Joe03]

Thx for reply.Once She got Project she can do COS from H4 to H1.Her Employer is different from my Employer.So after she came on existing valid H4 Visa she need to apply for H4 extension thru my Employer Immediately right till she got Project and apply for COS?

[jairichi]

Thx for reply.Once She got Project she can do COS from H4 to H1.Her Employer is different from my Employer.So after she came on existing valid H4 Visa she need to apply for H4 extension thru my Employer Immediately right till she got Project and apply for COS?

Yes, employer can file a COS from H4 to H1B. When she enters US on existing H4 visa and given an I94 you have to apply for her H4 extension before her I94 expiry.