H4 to H1 COS needed to work from October 1st


Rithik

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Hi,

 

 My wife has applied for H1b with automatic COS on April 1st, 2014 and has her H1b approved by June, 2014.

 

She went to india on May,2014. Hence she is not in US at the time of approval.  The new H1b approval petition 797 has I94 with it, since it is automatic COS H1b application.

 

 

She has her H4 visa already stamped last year and is valid till July, 2015.

 

 

1)  Can she come from india before October 1st on H4 visa and then stay till October 1st on H4 visa and start working on the H1B from October 1st since she had an I94 provided by USCIS ?

2)  Is change of status needed again to work after October 1st? 

 

 

 

 

Thanks,

Aadhi.

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