Is my status H4 or H1 after Oct 1st ?

[rajeshgupta78]

I need your help to determine what would be my wfie's status after Oct 1st.

 

She is on H4. Employer applied for H1B on April 1st, which got RFE 15th May 2014. She was in US all these times.

Then she travelled on 30th May to India. She went for H4 stamping and that is gone fine.

 

She got H1 approval. (Approved on July 1st as dated on I797) with COS approved with I94 (old) attached.

She travelled back to US on 3rd July and entered on H4 visa. She got new I94 (online now) and her status on online I94 shows entered as H4 on July 3rd.

 

My question is :->
Is she eligible to work from Oct 1st ?

So, her status would change to H1 on Oct 1st automatically ?

 

Is there official place to check what is her status now or would be on Oct 1st ?

 

Please advice.

[krs_ravis]

Hello, iam also waiting for the reply for this situation. thanks

[jairichi]

No, she is not eligible to work from 1st Oct. As she traveled before her COS to H1B approval her COS part is considered abandoned. To start working from 1st Oct she has to exit and enter US with a valid H1B visa not more than 10 days before H1B start date.

[krs_ravis]

Hello Jairachi

 

Do you think she can apply for COS on October 1st? so that she can get the H1B visa?

No, she is not eligible to work from 1st Oct. As she traveled before her COS to H1B approval her COS part is considered abandoned. To start working from 1st Oct she has to exit and enter US with a valid H1B visa not more than 10 days before H1B start date.

[jairichi]

Hello Jairachi

 

Do you think she can apply for COS on October 1st? so that she can get the H1B visa?

Her employer has to file for COS to H1B and pay H1B fee again. Once approved she can work. The question is will employer be ready to pay again?