H1 to H4

[catrinjames2000]

Team,
I have a valid H1B visa till this year end. Now my husband is travelling to US and i am unable to accompany him as there are no opportunities for me at him place.
Now is it possible for me to apply for h4 and travel with him?
If i apply for an H4 will my H1 be still valid?
if so what are the steps that i should follow for converting the H4 to H1 being at US.

Please help.

[kabkaba]

Team,
I have a valid H1B visa till this year end. Now my husband is travelling to US and i am unable to accompany him as there are no opportunities for me at him place.
Now is it possible for me to apply for h4 and travel with him? -- Yes
If i apply for an H4 will my H1 be still valid? -- Yes
if so what are the steps that i should follow for converting the H4 to H1 being at US. -- Find a job and the employer will file for you.

Please help.

See above.

[catrinjames2000]

See above.

Thanks for your response. One more query:
Now should i come back to India and get it H1 stamped again since i traveled with H4 stamped.

[kabkaba]

That depends on whether your current H1 Visa gets canceled during the H4 interview or not. It is totally up to the consular officer.

Even if Visa gets canceled, the underlying petition is not canceled. So you can then use the same petition to obtain the Visa.

If there is a new petition filed by a new employer (cap-exempt) and if that petition does not include change of status, then you will have to leave the US and return in H1 status to work for the new employer.

[catrinjames2000]

That depends on whether your current H1 Visa gets canceled during the H4 interview or not. It is totally up to the consular officer.

Even if Visa gets canceled, the underlying petition is not canceled. So you can then use the same petition to obtain the Visa.

If there is a new petition filed by a new employer (cap-exempt) and if that petition does not include change of status, then you will have to leave the US and return in H1 status to work for the new employer.

thanks. So how do i understand if my H1 visa got cancelled or not after H4 interview.

Also if i travel on H4. what are the steps i have to follow for working. Is it possible to work without getting back and getting h1 visa stamp? if yes how? is there a way my employer can use the same petition and how can i work.

[kabkaba]

thanks. So how do i understand if my H1 visa got cancelled or not after H4 interview. -- They will stamp it as canceled.

Also if i travel on H4. what are the steps i have to follow for working. Is it possible to work without getting back and getting h1 visa stamp? if yes how? is there a way my employer can use the same petition and how can i work.

-- You will need to change status to H1. There are two ways to do that. Your employer can amend the petition to include change of status and you can start working after it gets approved. Otherwise, you can leave the US and return with H1 Visa.

See above.

[raghvi]

thanks. So how do i understand if my H1 visa got cancelled or not after H4 interview.

Also if i travel on H4. what are the steps i have to follow for working. Is it possible to work without getting back and getting h1 visa stamp? if yes how? is there a way my employer can use the same petition and how can i work.

Irrespective of whether your H1 visa is cancelled or not, if you enter US on H4 then in order to work, you find an employer and have them file a COS to H1 by providing details of your previous H1 petition. If COS is approved you can work.

This is my opinion not legal advice.