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Spouse's H1B status Vs H4 status

Atlanta, GA |

Circumstance- 1. I applied for my wife's H1B in March 2013. 2. Due to family emergency she travelled to India on 30th April, 2013 while her H1B status was in pending status. 3. She attended H4 visa interview on 18th June 2013 and got it stamped. 4. Then she got H1B approval in USA in the week of 24th June. 2013. 5. She returned back to USA on 30th Jul, 2013 on H4. I have below questions – 1. Will my spouse can work on H1B starting as of 1st Oct? If not then, 2. How does I-94 amendment process works? And how much does it cost? 3. What is the next process that myself/employer needs to follow to get her status back to H1B effective 1st Oct. 2013?

Attorney Answers 3


  1. 1. No.
    2. I don't think it can be amended, but I could be wrong.
    3. It would be much simpler if she goes back to her country and apply for H-1B visa.

    This is general information, not legal advice. This does not establish any attorney client relationship.


  2. 1. No.
    2. No, the employer must either file for a change of status, or she must go home and apply for an H-1B visa stamp.
    3 See 2

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. It is best to talk to the company's immigration counsel and seek his advise on how they wish to handle this situation.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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