H4B to H1B

[rb0306]

Hello Friends,

 

My wife is on H4 visa with out stamping with validity 09/2015. Now she has approved H1B starting Oct 1 st, 2015.

 

She went to India and planning to come back in July 2015.

 

1. Do we need to go for stamping for both H4 and H1B (if she want to come to USA in July and starts working from Oct 1 st)?

 

2. If she completes H1B stamping, can she come in July with H1B visa?

 

Thank you for the help.

 

Regards,

Ravi

[jairichi]

1. Was your wife's H1B petition was filed as COS? If yes, did it get approved before her travel? If yes then she can enter US with her valid H4 visa and a copy of your I797. Automatically she will move to H1B status from Oct 1st. If the answer is no then if she enters US with a H4 visa then to move to H1B status she needs to exit and enter US with a valid H1B visa and I797 after Oct 1st.

2. No. With a H1B visa she can enter not more than 10 days before her H1B start date.

[rb0306]

Jairichi,

 

Thank you for your valuable answers. Her H1B is filed as COS and also it is approved on the same day of her date of Travel (I hope it is approved as Change of Status).

 

Is there any way to confirm H1B is approved under COS?

 

Regards,

Ravi

[jairichi]

Jairichi,

 

Thank you for your valuable answers. Her H1B is filed as COS and also it is approved on the same day of her date of Travel (I hope it is approved as Change of Status).

 

Is there any way to confirm H1B is approved under COS?

 

Regards,

Ravi

If approved as COS then I797 will have an I94.