Govind

Hi,

I would appreciate any help regarding regarding clarification on my
query below on Visa processing.

My Situation:
I am married and currently working in New York on a H1b Visa. My wife
is on an H4 visa.
Both our visa/i-94 expires on September 17, 2006. An potential employer
for my wife has filed for a new H1b visa for

her this week (first week of May 2006).

I am planning to travel to India for a month during the month of July
2006. We plan to return on the same status in

first week of August 2006. I will return to US with the current HIb
Visa (expiring in Sept, 17 2006) and my wife on

H4 (which expires on Sept, 17 2006 as well).

My Question
1) Will the H1 visa that is being filed for for my wife (during first
week of May 2006) be cancelled or invalidated

as a result of my vacation trip to India in July 2006.

2) If not, what should I do so that I can change my wife's visa status
to H1 after we return from India in August

2006. Can I travel to canada and get my wife's H1 visa stamped in the
passport ? I want to avoid another trip to

India.

3) I believe if my wife's H1 is approved, it will have a start date of
October, 1 2006. Therefore I will have to

file for her h4 extension so that she is not out of status between the
period her h4 expires (Sept 17) and October

1st. Is this correct? or can i get her visa stamped from Canada as soon
as we retun from India (probably in late

August or early September)

Thanks in advance.

Manish

[QUOTE=Govind]Hi,

I would appreciate any help regarding regarding clarification on my
query below on Visa processing.

My Situation:
I am married and currently working in New York on a H1b Visa. My wife
is on an H4 visa.
Both our visa/i-94 expires on September 17, 2006. An potential employer
for my wife has filed for a new H1b visa for

her this week (first week of May 2006).

I am planning to travel to India for a month during the month of July
2006. We plan to return on the same status in

first week of August 2006. I will return to US with the current HIb
Visa (expiring in Sept, 17 2006) and my wife on

H4 (which expires on Sept, 17 2006 as well).

My Question
1) Will the H1 visa that is being filed for for my wife (during first
week of May 2006) be cancelled or invalidated as a result of my vacation trip to India in July 2006.
---------------- Her employer has filed Change of status from H4 to H1 and if she goes out while COS is pending then COS may be abandoned.
Read :Change of status is abondned not extension
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
*** not because of YOU going out it will because of her going out when COS is pending

2) If not, what should I do so that I can change my wife's visa status
to H1 after we return from India in August 2006.
----------------- she can go out and enter on H4 and again let her employer file H4 to H1 COS
Can I travel to canada and get my wife's H1 visa stamped in the
passport ? I want to avoid another trip to

India.
-------------- once she is in US and H4 to H1 COS is approved then she may l get I-94 attached with H1 approval notice
3) I believe if my wife's H1 is approved, it will have a start date of
October, 1 2006. Therefore I will have to

file for her h4 extension so that she is not out of status between the
period her h4 expires (Sept 17) and October

*** best option is Upgrade her H4 to H1 cos by paying premium processing fees to USCIS . talk to her lawyer, if poosible to upgrade(reciept of H4 to H1 COS filing needed) and she may get the approval in 15-20 days and once you go out she can get H1 visa stamped from India and she can enter on H1