H4 to H1 When in India

passemails

By passemails,
in H1B : H-4 Issues

Recommended Posts

passemails Newbie

passemails

Posted
Posted

Hi All,

Is it possible to get I94 based on i797 approval notice at the port of entry or at any CBP office if I enter into US with my H4 visa once my new H1b get approved.

Note : I have valid H4 stamping in my passport to enter into US and I am not in U.S now.

Question in detail.

I am in H4 and I am not in U.S now. One employer ready to file new H1b for me for the year April -2014 and the employer is asking me to enter into US before April 1st,2014. But I have question ,what If enter into US after my H1 approved in lottery and get I94 at any CBP office by showing the H1b approval notice I797.

 

Thanks in advance

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

Hi All,

Is it possible to get I94 based on i797 approval notice at the port of entry or at any CBP office if I enter into US with my H4 visa once my new H1b get approved.

Note : I have valid H4 stamping in my passport to enter into US and I am not in U.S now.

Question in detail.

I am in H4 and I am not in U.S now. One employer ready to file new H1b for me for the year April -2014 and the employer is asking me to enter into US before April 1st,2014. But I have question ,what If enter into US after my H1 approved in lottery and get I94 at any CBP office by showing the H1b approval notice I797.

 

Thanks in advance

If your H1B spouse is in US you can enter with a valid H4 visa. 

To enter after your H1B petition gets approved you would need to apply for a H1B visa at US consulate in your home country and with a valid H1B visa and I797 you can enter US 10 days before your H1B start date.

Link to comment
t75 Advanced Member

t75

Posted
Posted

NO.  You need to rethink what this employer has asked you to do. A COS will be approved either with a new I-94 for a start of Oct 1 or for consular processing. You may NOT work while on H4 status.

 

Your prospective employer is trying to keep from providing documents for stamping by having you in the US on April 1 so he can file as COS. If the petition for you is selected and approved for COS, you will have all you need without going to CBP.

 

If your offer is valid with a decent employer and you are qualified, there is no reason to be afraid of appearing for stamping.

Link to comment
passemails Newbie

passemails

Posted
  • Author
Posted

Me too don't want to go for stamping . I like to enter into US during September using my valid h4 stamping after my H1 approved by USCIS and I like to start work from October.

 

For to start my work from October , I have to get SSN. At the time of applying for SSN I will be having H4 stamping in my passport , I94 received at the port of entry for my H4 and I797(H1)

Link to comment
jairichi Advanced Member

jairichi

Posted
Posted

 

I don't want to go for stamping for my case to US embassy. I like to start my work from October 2014 . I like to come to US on September 2014 using my valid H4 visa. I like to get my ssn using my I94(H4) , passport(H4 visa) and approved I797(H1b). Will it work.

 

As t75 mentioned, if your spouse is in US then enter based on H4 visa before April 2014. Let employer file a cap subject H1B petition in April 2014 along with change of status from H4 to H1B. Once H1B and change of status is approved you will automatically move to H1B status from Oct 1st 2014. In this case there is no need for you to go outside US for a H1B stamping until you exit US.

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing