H4 to H1/travel/stamping


Kamal Roy

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Hi -

 

I have a question on H4 to H1 conversion plus a travel outside US.

 

I have read variuos quries answered around the same topic. However my scenario is a little different.

 

I'm working in the US on H1. My wife is on H4.
 

My H1 visa got expired in Aug 2013.
 

I am now with a new employer with a new petition valid till July 2016.

 

We have a travel planned in Aug 2014.

Which means I have to get my H1 stamping done and my wife needs a H4 stamping.

 

Now, we found an employer who is ready to file my wife's H1 petition this April 2014.

 

Here are my questions:

 

1. From other enquiries in the forum, I understand my wife can still tavel and come back to the US before Oct 1st (with or without H1 being approved with COS clause).
However while she appears for H4 stamping along with me (H1) in August, what will be the scenario if the visa officer asks about her H1 petition? What happens if its approved or if its still in process.

 

reference:
http://forum.murthy.com/index.php?/topic/72062-h4-to-h1b-travel/

 

2. Is it a valid assumption that if her H1 gets filed in premium processing to ensure her H1 gets approved before our travel there by not violating the COS and can still travel back to the US before Oct 1st on H4(after appearing for H4 interview - question#1)?

 

Please advise.

 

Thank you!!

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