How can we transfer a H4 to a H1? 2 Answers as of May 19, 2011

I had a query regarding the transfer from H4 to H1B. My wife is currently on H4 (She has the visa stamped on her passport) and she is planning to work soon enough here. And the employer has agreed to sponsor her H1B. Currently her H4 validity is till Feb 2013. Now assuming that her H1 B gets approved and she starts working on the H1B from October 2011 would she be required to get her H1B stamped the next time she travels to India? If yes, then what would happen to her case if her H1B gets rejected at the visa consulate in India? Would she revert back to her previous H4 visa? Please do clarify.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The question I have for you is where is she now? Here in the US? If she is in the US, then she can change her status from H-4 to -H-1B with a new H-1B application (not I-539 change of status). She will get a new I-94 reflecting her H-1B status. If however that application is rejected then there is no change of status for her as she will still be an H-4. Therefore, there is no "reverting back" to anything; she just retains her H-4 status assuming you are still in H-1B status. I hope this answers your question. Good luck!
Answer Applies to: California
Replied: 5/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If your wife is on a legitimate H1b in the US, the consulate should give her the H-1B visa provided she did not have the intention to change her status before she entered the US. She will want to bring the entire H pack, letter from employer and current paystub. There is no guarantee with any US consulate however as long as there is not fraud/misrepresentation, they should issue that visa or the H-4, as it will still be available to her.
Answer Applies to: California
Replied: 5/18/2011
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