Immigration Issues/H4 to H1B

Advertisement


Question
My wife, currently on H4, is traveling to India from Sept 12th to Nov 13th 2010.

She has got an offer and the company will start her H1 Visa petition with USCIS. They want to do it as a consular notification instead of change of notice. Is that the preferred route?

To apply for H1B visa at US Consulate, she would need I-797 Approval Notice, do we need to wait for that before taking an appointment?


Answer
Hi,

If an H1B petition is filed when the beneficiary is not presently in the U.S. at time of filing (or departs the U.S. prior to approval), the USCIS will approve the petition with "consular processing" rather than "change of status." The employer should send your wife the original I-797 upon approval of the H1B petition by the USCIS along with copy of the H1B petition that was filed in order to enable her to apply for H1B visa stamp at a U.S. Consulate. Generally the petition must be approved before the Consulate will confirm an appointment.  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.