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tiger786 wrote:
> Kevin Keane (see Web site for email) wrote:
> tiger786 wrote:
>>>> I am H1 and my wife is on H4. I know that in order to covert to H1
>>>> ,She need sto file H1 and the quota comes under FY 2006 if she files in
>>>> Apr 2006.
>>>>
>>>> Let me know how many weeks/months does it take to process if she files
>>>> for H1 when she is in US?
>>>>
>>>> I heard it takes 5 months ? Is this true?
> Maybe. It doesn't make any difference for you if the employer files in
> April.
>
>>>> Can she start working the day the petition gets approved?
> No. She can start working the date the petition specified as start date,
> or the date the petition is approved, whichever is later.
>
> This is important because the start date for a petition filed April 1
> must have a start date of October 1, or it would be denied under the quota.
>
> Therefore, she can't start working until October first no matter how
> quickly the petition is approved.
>
> The second condition for her starting to work is that she must have a
> current I-94 that says H-1B. In most cases, it will come with the
> petition approval.
>
>>>> Does she has
>>>> to get the passport stamped with H1 in US or does she has to return to
>>>> her home country to get it stamped?
> Neither. There is no need to get the H-1B stamped unless she plans to
> travel outside the USA.
>
> If she does plan to travel, she must get an H-1B from a consulate in
> another country - usually your home country, but it is also possible to
> get one in Canada or Mexico (there are some risks with using third
> country consulates).
>
>>>> Does she has to wait until she gets the passport stamped?
> No.
>
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without any
> legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> hi Kevin,
> thanks for the reply.
> I have one imp question and I thank u in advance for answering this
> question.
> 1.If she files her H1 from India and gets the LIN number.After that she
> comes to US on H4.
> What would be the scenario like?
> after the approval when she is US ,Does she can go to India to get her
> pp stamped or else is it enough for the petitions approval?
In that case, only her H-1B petition would be approved, but there would
not be a change of status (and no new I-94 attached, either).
Therefore, she would remain an H-4. She has to go to a US consulate
(either in India, or in Canada or Mexico) in order to get an H-1B
stamped in her passport, and then return using that visa.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
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