Hello,my name is Judith. Thank you for this opportunity to answer your questions.
This is underpriced.
No, she cannot port to an H1B employer when changing status from H4 to H1B based on the AC21.
That law only applies to porting from H1B to a new H1B employer.
The only option here is Premium Processing.
Hi, we are not porting (transfering); The employer would remain the same; She would just enter on H4 visa & then apply for H1 with the same employer for the same project; Question is can she start working immediately with H1 receipt itself or should she wait for the approval of COS ?
Yes we are ready for Premium processing & all the docs including the LCA is intact now; Plan is to wait for her arrival into US & the nest day apply for COS, expecting your reply
You don't understand what porting means. It does not mean moving employers.
It means being able to start work based on a fee receipt.
She cannot do that because she does not hold H1B status.
She has to wait until she has an approval for her change of status to commence employment. It doesn't matter if she is going back to work on the same project for the same employer as she last worked for or if it is a new employer. She is having a new petition filed for new employment and a change of status and has to wait for approval.
one last thing...
Her H4 visa stamping is valid until Sept 30' 2013 only but my H1 is valid until Oct 2015; When she enters at the POE would she get an I-94 until Sept 30' 2013 or until my H1 expiry date; If she could get it only until Sept 2013, then we would have just 3 more weeks left to get the COS approved...
We are applying in premium processing, so hoping to get the COS approved before her I-94 expiry, but if there is a delay/RFE, should she need to go back to Home country for H1 stamping or is there any workaround to continue in US...?
Her H4 visa stamping is valid until Sept 30' 2013 only but my H1 is valid until Oct 2015; When she enters at the POE would she get an I-94 until Sept 30' 2013 or until my H1 expiry date;
She will get to Oct 2015
If she could get it only until Sept 2013, then we would have just 3 more weeks left to get the COS approved...
She will have H4 until Oct 2015.
Hi sorry to repeat the same thing, but could you please confirm on this...
1. My H1 stamping is valid until Sept 30' 2015 but I have my extension until Oct' 2015, so with this I could get my I-94 until Oct' 2015 at POE
2. Her H4 stamping is valid until Sept 30' 2013, but we haven't applied for her H4 extension while applying for my H1 extension, so she doesn't have any petition to show at POE
In the above scenario would she get her H4 stamping until Oct 2015 or Sept' 2013; Lot of things are dependant on this, would have to decide on whether she needs to go for H4 stamping again during our India visit or not, request you to please confirm, thanks...
(You could get a good tip :))
I will repeat myself.
1. My H1 stamping is valid until Sept 30' 2015 but I have my extension until Oct' 2015, so with this I could get my I-94 until Oct' 2015 at POEH4 I-94 at POE will be until Oct 2015
She will get an I-94 at the POE for H4 until Oct 2015.
Thanks a lot, appreciate it...And she wouldn't have any problem entering at POE showing her H4 visa & requesting for H4 status, when she has been working as a H1 worker (COS from H4 to H1 done in 2012) until today, is that right ?
Right, no problem at POE.
One last thing madam...
Is there a waiting (cooling) period for a person entering on H4 to apply for a COS to H1, because currently our plan is to apply for her COS the very next day, could there be a question by USCIS regarding her original intention to enter US on H4 ?
Also if there is any issue in the I-94 dates at POE, is there a way we could rectify that ?
There is no cooling period.
You can go to deferred inspection at the airport and get the I-94 corrected.
That is an entirely different topic you can start a new question thread on.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).