Currently in H4 - H1 got Approved with no I94 (I787-B)


Checkout_me

Recommended Posts

Hi,

 

This post is to know which status is my Wife currently holding?

 

I Applied her H1B when she is in India in 2014.

Later we were married and she entered into the country as my dependent H4 Visa.

 

Now she is inside the country with H4 visa and her H1 got approved, USCIS had sent I-797B which doesn't have I-94 in the H1 copy.

 

Can any one tell me is she currently in H4 Visa or H1 visa?.. As the Lawyer of the employer says she is currently Holding H4 and employer need to apply for change of status H4-H1 in order to start her H1. but am still doubtful on her visa status.

 

Thanks,

An Immigrant

 

 

 

 

Link to comment

Thanks & Happy New year Jai for your immediate response.

Can you also tell me the options we have to change her status from H4 to H1?

 

-> Going out of country, get stamped and step back into the country on H1?

-> Can the employer apply for an ammendment or Change of status to get her status changed from H4 to H1 istead of stepping out of country?

 

 

Thanks,

An Immigrant

Link to comment

I think other option is the employer should file COS for her to move from H4 to H1, ?

Jairichi, please correct me if I am wrong.

 

 

Thanks & Happy New year Jai for your immediate response.

Can you also tell me the options we have to change her status from H4 to H1?

 

-> Going out of country, get stamped and step back into the country on H1?

-> Can the employer apply for an ammendment or Change of status to get her status changed from H4 to H1 istead of stepping out of country?

 

 

Thanks,

An Immigrant

Yes, that is the other option. Employer has to file COS to H1B petition and pay H1B fee again. And, by regular processing the decision will take around 3 to 4 months.

Link to comment

Archived

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