H4-H1 Conversion

[Bharat7283]

Hi All,

 

I am on H1B. My H1 extension has been filed so my wife's extension is also in progress.

Now that she has got her H1-B picked up in the cap and got approved.

So my quesition is once my H1 extension gets approved, will my H1B be valid as her H4 extension will be approved.

Help me in this and let me know what needs to be done to retain my wife's new H1-B status.

Both of us are currently in US.

[jairichi]

Your spouse has to withdraw H4 extension petition if she would like to be on H1B.

[thesouravp]

Hi Senior members , I am currently facing a peculiar problem. H1 was applied for my wife who is in US currently on H4 , we applied with COS , so now that has been approved. We now got the approval letter but we got I797B (with no I94) , and no where it mentions that my wife's COS was denied. Can you please let us know what to do here? Checked with Lawyer who filed , she is saying there must be a misunderstanding at USCIS side and she opened a case with them. Can someone please help us here. Appreciate your response.

[thesouravp]

Hi Senior Members,
Need your urgent help on the below , below is my scenario

1. My wife is currently in H4 , valid till mid 2016
2. H1 was applied with COS , Attorney submitted all the docs including her current I94 (which came with valid H4)
3. Got RFE on H1 , Attorney again responded back and it got approved.
4. Now got the approval letters which is I797B(without I94) , also it doesn't mention that COS was denied.

Now Attorney is saying there must be an error from USCIS side to determine the status and they opened a case for it.

Anybody has any clue what is going on here? Appreciate the response. Really having a tough time.

[ivrs11]

Please see the difference between the both forms.

 

I-797A:

I-797A is issued by the USCIS to the applicant with an I-94 approving the extension of stay in the U.S. This typically means that the change of status(F1 to H1, L1 to H1) has been approved and the candidate can legally continue working in the United States. When an I-797A is received by the petitioner, this must be handed over to the applicant and the H1-B holder must preserve it for future purposes such as visa stamping, etc.

The I-94 form attached to the I-797A form is the replacement for the one which you would have currently. You could continue your stay in the United States until the specified date in the new I-94 attached to the I-797A.

 

I-797B:

An I-797B is issued either to an applicant who doesn’t reside in the United States and has been applying from his home country or also to a person residing in the United States. In the second circumstance, the USCIS approves the H-1B petition to the applicant residing in the U.S, but doesn’t approve the change of status.

There is no I-94 attached when an I-797B is issued. I-797B must be given to the applicant by the petitioner. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping.

[rohang]

Hi Senior members , I am currently facing a peculiar problem. H1 was applied for my wife who is in US currently on H4 , we applied with COS , so now that has been approved. We now got the approval letter but we got I797B (with no I94) , and no where it mentions that my wife's COS was denied. Can you please let us know what to do here? Checked with Lawyer who filed , she is saying there must be a misunderstanding at USCIS side and she opened a case with them. Can someone please help us here. Appreciate your response.

it seems she is still on H4 status, and cannot start working.

 

Once lawyer gets reply, or faster way would be getting stamping done. She can start working.