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?
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.
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