H4 - Picked up in H1 Lottery - visit to India

[k_qryguy]

Hi,

My wife's H1 Application was picked up in lottery in 2015 but no Change of Status was filed.

Need your suggestion on:

 

1. I understand she is still in H4 as no Change of Status is filed, Please suggest if that is correct,

 

2. I am planning to go to India this summer - please suggest if my wife can accompany me and get stamped at US Consulate in India as H4? Whether they will query - why she is getting stamped as H4 although she has H1?

 

3. In case, my wife's H4 stamping is done fine - then whether there will be issue at Port of Entry?

 

4. What happens - once she comes back and gets a Work offer? whether change of status will suffice?

 

Regards,

Kundan

[pontevecchio]

If she has a H1 petition approved, the petitioner supposedly has a job and hence she should get the H1 visa at the appropriate time and return to start work . Why is she so sure she does not have a job with that employer?. The rules have also changed and she is not going to be able to change employers without first working for this one.

[k_qryguy]

Thanks pontevecchio.

 

My wife is in USA and her Change of Status not filed yet, so I understand she is in H4.

Once I go to India - I will be going for my H1 stamping and along with me she will be having her H4 visa stamped.

 

After coming back - we are planing to file Change of Status. Please suggest - if that is possible.

[pontevecchio]

She can come over on H4 status. She can get the H1 visa later on at the appropriate time and return to start work. COS to H1 means a new H1 petition filing by the same employer and why would he file twice? since he has to pay for it. Is there any reason why she thinks she will not get a H1 visa?