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Safeway to Enter US 4m India is H4/H1b(approved without i94)

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unsanjana
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Posts: 2
Joined: Tue Sep 11, 2007 1:35 pm

Safeway to Enter US 4m India is H4/H1b(approved without i94)

Post by unsanjana » Wed Sep 12, 2007 6:42 pm

Hi,

I came to United States for the first time on 19th March 2006 on H4(dependant visa)

My employer/sponsor applied my h1b visa on April 2007 and I got H1b approval notice I-797 without I-94 while I was in US on 14th June 2007.

I came to India on 1st Aug 2007. My H4 visa expired on my passport and if I need to enter US again on H4, I need to get H4 visa stamp on my passport at Chennai consulate.

Now I want to come back to US. My employer is telling me to come to US on H4 visa. Then by showing the valid/current I-94 card on my H4 visa stamp in my passport to US CIS, he said he can apply change of status to H1b and obtain a current/valid I-94 along with the H1B approval.

My employer is feeling that it is too risky for me to get H1B stamping at India and enter US on H1B, even though I can follow that approach. He feels that with H1B visa stamping there are chances of visa rejection at US consulate at Chennai, India. He felt coming to US on H4 and applying for change of status to H1B is a
safer and guranteed approach

I have read on the web that once the H1B is approved with out I-94, then the candidate is expected to enter US from home country, after obtaining the H1B visa stamp at US consulate at Chennai, India

Now here is my question:
Once I get H4 visa stamped on my passport at US
consulate in India, after entering US, I don't know whether I am allowed to apply for a change of status from H4 to H1B Once I come to US on H4 in October 2007, whether that means my H1B status has lost already or not? (I have
read that H4 to H1B status is automatic and once
October 2007 month stars I am already considered to be on H1B and at that time if I come to US on H4, that could mean I lost my H1B status?).

I am not completely clear on this. If my H1B is visa is stamped at US consulate, Chennai, India I can start working in US from October 2007 onwards

I really appreciate what is the best strategy I should follow and what are my options in my case

Thanks and regards
Sanju

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Wed Sep 19, 2007 2:17 pm

As far as I know, it's not possible to change visa status from within the U.S eg. From F1 to H1B, or H1B from one employer to different one.

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