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Posted on 03 Mar 2013
Q.

Applying for H1B while in india on H4

Hi,

My wife COS from F1 to H4 is approved last week. She is planning to visit India and attend for the stamping in March and planning to stay at least till end of the April. Her previous employer is planning to apply for H1 on this April 1st(Since we expect that quota may get over soon this year) for FY 2014 while she is still India. She will be entering US on H4 in April end while her H1 application is in pending.

Since her I94 will be different when she enter in US compared to what her employer submits, is this going to have any issue on her h1B application ? I heard in forums that when she enters on h4 while COS is in pending, her COS to H1 is automatically get revoked. Can you please suggest us what she should do in this situation. Does she has to be in US when applying for H1 ?

User's Location: Basking Ridge, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 04 Mar 2013
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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