can we hold multiple visas?

[meeunda]

hi there,
i have valid B1, i will be appearing for H4 in couple of weeks along with my spouse H1.
Can i hold both H4 and B1?
Later by next year, if i get H1, then can i hold existing B1, H4 along with new H1?

[raghvi]

hi there,
i have valid B1, i will be appearing for H4 in couple of weeks along with my spouse H1.
Can i hold both H4 and B1?
Later by next year, if i get H1, then can i hold existing B1, H4 along with new H1?

One can have multiple visas in the passport but one can have only one status at any given time while in US, so though you can have B1 and H4 in your passport, when you enter US you have to tell the Officer at the POE as to on which visa are you coming in, and accordingly you would be given that status and the I-94. I-94 is what determines your legal stay and status while in US and you should maintain that status.

In your case when you appear for H4 interview if the Visa Officer approves your H4 , he may or may not cancel your existing B1 (its his/her choice). if he doesnt cancel your B1 then when you are entering US you have to tell the officer at the POE that you are entering US on H4 and you most probably would get I-94 matching your spouse's I-94. Similarly if you say B1 you would have to tell the purpose and duration and will get I-94 accordingly.

If you are traveling alone to US you have to carry documents and proof of the status which you will be maintaining while in US, each visa category will have different set of documents.

Once in US while you have both H4 and B1 in yoru passport you will have only one I-94 and associated status. If you want to move to any other status you have to apply for COS. So if you want to move from H4 to B1 you have to file a COS.

Also, when you get H1 you would be filing either a COS from H4 to H1 or as consular process. If you file H1 as COS, H1 will be effective from the date mentioned in the petition and you would be on H1. To maintain H1 you need to be working and getting paid, if not, you are considered out of status.

If H1 is filed as consular process your H1 will be effective only when you leave US, get H1 stamped in your passport (again the Visa officer might decide to cancel your existing B1/H4) and return to US and get I-94 associated with H1 by carrying H1 related documents. even if Visa officer at Consulate doesnt cancel your B1/H4 when you enter US you have to tell the officer at the Port Of Entry as to on what visa are you intending to enter the US and that will determine your status till you file a Change Of Status.

This is my opinion not legal advice.

[meeunda]

hi Ragavi,
i appreciate for such a very nice and very detailed explanation, which covers each and every corners with in and out.
No words to express my thanks.
Thanks a ton.