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  #1 (permalink)  
Old 08-29-2006, 09:37 PM
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javaconsultant is on a distinguished road
Default H4 to H1 and Travel to India

Hi All,

I need urgent help !

My wife is on H4.She applied for H1B in May 2006 and got it approved on Aug 2006. She went to India on vacation from US in July 2006 and would come back to US in Sept 2006 on H4 Visa stamped at Delhi consulate.

Can she work on H1 approval even though she would be entering on H4 Visa with her I-94 mentioning h4 ?

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.

any suggestions.

Thanks !
javaconsultant
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  #2 (permalink)  
Old 08-29-2006, 09:54 PM
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Quote:
Originally Posted by javaconsultant
Hi All,

I need urgent help !

My wife is on H4.She applied for H1B in May 2006 and got it approved on Aug 2006. She went to India on vacation from US in July 2006 and would come back to US in Sept 2006 on H4 Visa stamped at Delhi consulate.

Can she work on H1 approval even though she would be entering on H4 Visa with her I-94 mentioning h4 ?

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.

any suggestions.

Thanks !
javaconsultant
I think she needs to come back on H1...that means going back to the Consulate to obtain a H1 visa stamp. But, as usual, please consult your attorney.

Last edited by fromnaija; 08-29-2006 at 11:22 PM.
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  #3 (permalink)  
Old 08-29-2006, 10:28 PM
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Quote:
Originally Posted by javaconsultant
Hi All,

I need urgent help !

My wife is on H4.She applied for H1B in May 2006 and got it approved on Aug 2006. She went to India on vacation from US in July 2006 and would come back to US in Sept 2006 on H4 Visa stamped at Delhi consulate.

Can she work on H1 approval even though she would be entering on H4 Visa with her I-94 mentioning h4 ?

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.

any suggestions.

Thanks !
javaconsultant
ask your lawyer. I believe the answer will be the same given by fromnaija......

your wife will have to enter on a H1
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  #4 (permalink)  
Old 08-29-2006, 10:32 PM
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Please check with an attorney but as far as i know her H1 is not valid anymore. As per my attorneys advice, never travel when an application is in process as the continuation of I94s is important and that is how it is tracked.

Last edited by reachag; 08-29-2006 at 10:37 PM.
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  #5 (permalink)  
Old 08-29-2006, 11:12 PM
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Default

Thanks for your reply !

But what if she comes to US on H-4 and then gets her H-1Visa stamped from Canada.

Which consulate do you guys refer ? Toronto,Vancouver Calgary or Montreal.

pls share your experiences if any.

Calgary has the least wait time though in visa appointment.

javaconsultant.


Quote:
Originally Posted by fromnaija
I think she needs to come back on H1...that means going back to the Consulate to obatin a H1 visa stamp. But, as usual, please consult your attorney.
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  #6 (permalink)  
Old 08-30-2006, 11:12 AM
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When her H1 was filed, was there a change of status also filed? Or to put it difefrently, does her H1 approval have an I94 attached to it?

If yes, I think she has to get her H1 stamped and then come in. Not doing so would probably invalidate her change of status and the H1

If not, she should be able to take the H1 after entering the US on H4, go to Canada/Mexico and try to have it stamped there.
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  #7 (permalink)  
Old 08-30-2006, 11:39 AM
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Default There might be an issue here....

Entering the country with a H4 stamped I-94 is equivalent to abandoning the H1, if the H1 was issued.

So, you need to consult with an immigration attorney before going for a stamping.



Quote:
Originally Posted by javaconsultant
Hi All,

As per her company which filed her H1 ,she cannot work on H1 approval notice as her I-94 while entering US is H4 even though she has H-1 approval.

javaconsultant
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  #8 (permalink)  
Old 09-06-2006, 03:09 PM
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Default

I agree with dan19. i.e. Entering the country with a H4 stamped I-94 is equivalent to abandoning the H1, if the H1 was issued.

So, you need to consult with an immigration attorney before going for a stamping.
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  #9 (permalink)  
Old 09-06-2006, 03:18 PM
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Razorsedge,

You have every right to have a signature or some good saying. How ever, the 90% bill rate is concerning me. This forum is intended for folks who have issues with immigration etc. You have every right to have your own business or run a company with people having GC etc. But dont use this forum to entice people to join your firm with such signatures. Think about it and dont take offence to my words. Just my 2 cents.
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  #10 (permalink)  
Old 09-06-2006, 03:25 PM
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Default Pls take your signature off

I agree verbatim with waht nixstor has to say. Please take that signature off. This forum is not the right place for the signature.
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