H4 - H1B: I797 approved, is stamping required ?

[varun_birre]

Hi,

 

Me and my spouse have come to US in Feb 2013, with H1B and H4 respectively.

I have applied a H1B for her and it was approved as per USCIS email on 8th October 2013. Her employer seems to have received the letter in end of October. Her employer confirmed the receipt of I-797, but, says now that there is an instruction to get stamped/interviewed.

 

Q1: Is a stamping needed if the person is already in US ?

Q2: Is there a way we can avoid stamping ?

Q3: We visited to India to attend a wedding in August 2013 and came back in August itself. Could this have caused any issue?

Q4: When can she apply for an SSN ? Is it true that unless she has an SSN, she cannot work on H1B ?

 

Kindly reply to above questions and help us out.

[jairichi]

Hi,

 

Me and my spouse have come to US in Feb 2013, with H1B and H4 respectively.

I have applied a H1B for her and it was approved as per USCIS email on 8th October 2013. Her employer seems to have received the letter in end of October. Her employer confirmed the receipt of I-797, but, says now that there is an instruction to get stamped/interviewed.

 

Q1: Is a stamping needed if the person is already in US ?

Q2: Is there a way we can avoid stamping ?

Q3: We visited to India to attend a wedding in August 2013 and came back in August itself. Could this have caused any issue?

Q4: When can she apply for an SSN ? Is it true that unless she has an SSN, she cannot work on H1B ?

 

Kindly reply to above questions and help us out.

1. If H1B was approved and change of status denied i.e. I797 without I94 then she has exit and enter US with H1B visa.

2. Employer applies again for COS and pay H1B fees.

3.. Yes. That is the reason.

4. When she starts being on H1B status in US she can apply for SSN. She can start working on H1B status without a SSN. But, she has to apply for one.