H4 to H1 clarification

[shridharbee]

Hi I'm currently on H1B, my visa is valid till sept 2014

My wife works in hyd & even she has her H4 till sept 2014.

I'm planning to apply H1B in premium processing mode for this year's H1B. The employer who is sponsoring her H1B asks my wife to be in US before march 30.

My wife has applied for long leave & would be in US from March 3rd week to 2nd week of may 2014.

If she gets her H1 picked & then approved,below are my queries:

1)while she returns back to INDIA in may 2nd week, will she travel on H4?

2)If she comes back to US before september (before her H4 expiry date), does she needs to attend visa interview in India for H1B or can she come on H4 & then apply for change of status??

 

Please suggest me the best possible ways to avoid any hurdles.

[pontevecchio]

1. You return to India as an Indian Citizen. H status has no connection.

2. The best way to avoid hurdles is to get a Good employer. Why does your wife's potential sponsor think she will not get the H1 visa if the petition with them is approved.? That is the impression one gets.

[jairichi]

Hi I'm currently on H1B, my visa is valid till sept 2014

My wife works in hyd & even she has her H4 till sept 2014.

I'm planning to apply H1B in premium processing mode for this year's H1B. The employer who is sponsoring her H1B asks my wife to be in US before march 30.

My wife has applied for long leave & would be in US from March 3rd week to 2nd week of may 2014.

If she gets her H1 picked & then approved,below are my queries:

1)while she returns back to INDIA in may 2nd week, will she travel on H4?

2)If she comes back to US before september (before her H4 expiry date), does she needs to attend visa interview in India for H1B or can she come on H4 & then apply for change of status??

 

Please suggest me the best possible ways to avoid any hurdles.

1. She will be leaving US on H4 status.

2. If her H1B petition is approved as COS during her stay in US on H4 she can come back on H4 visa before Oct 1st 2014. In that case from Oct 1st 2014 she automatically moves to H1B status. 

[shridharbee]

Can anyone kindly reply to my earlier message, its really urgent & important to proceed further..thanks in advance

[jairichi]

Hi I'm currently on H1B, my visa is valid till sept 2014

My wife works in hyd & even she has her H4 till sept 2014.

I'm planning to apply H1B in premium processing mode for this year's H1B. The employer who is sponsoring her H1B asks my wife to be in US before march 30.

My wife has applied for long leave & would be in US from March 3rd week to 2nd week of may 2014.

If she gets her H1 picked & then approved,below are my queries:

1)while she returns back to INDIA in may 2nd week, will she travel on H4?

2)If she comes back to US before september (before her H4 expiry date), does she needs to attend visa interview in India for H1B or can she come on H4 & then apply for change of status??

 

Please suggest me the best possible ways to avoid any hurdles.

If her H1B gets approved as COS while she in US and if she comes back before Sept with H4 visa then from 1st Oct her status automatically moves to H1B.

[shridharbee]

1. She will be leaving US on H4 status.

2. If her H1B petition is approved as COS during her stay in US on H4 she can come back on H4 visa before Oct 1st 2014. In that case from Oct 1st 2014 she automatically moves to H1B status. 

Thank you Jairichi..