H4 stamping when aproved H1-B exists

[H1B_2014]

Hi...I am in India with an approved H1-B. My employer is not sending me for stamping as there are no project opportunities right now. My plan is to start working in U.S asap. I have following questions.
1. If I get H-4 stamped, what will happen to my approved H1-B?
2. Can I get H-4 stamped and then do a COS to H1-B from U.S? If this is possible, will it come under cap/cap-exemption?.
Thanks in advance.

[happybuddha]

Hi...I am in India with an approved H1-B. My employer is not sending me for stamping as there are no project opportunities right now. My plan is to start working in U.S asap. I have following questions.
1. If I get H-4 stamped, what will happen to my approved H1-B? - Nothing, you will have two visas in your passport. Your intent will be inquired at POE if both visas have not expired.
2. Can I get H-4 stamped and then do a COS to H1-B from U.S? If this is possible, will it come under cap/cap-exemption?. - Yes you can. This can be counted cap exempt.
Thanks in advance.

hth

[H1B_2014]

Thanks for the reply. For Qn 1, I will only have H4 stamp and no H1-B as my H1-B was not stamped at all, correct? Do you mean to say that the VO will find me having an approved H1-B and question on the intent of getting H-4 stamped? If I say the reason as "Current employer not allowing for H1-b stamping", can that cause any rejection?

For Qn 2: I will not be having the H1-B receipt number or approval notice when I ask employer B to do COS because as per my company policy they will disclose these only prior to stamping initiation. Without this information, can I get OS done via employer B?

[nishasam04]

Will H1B processing happening in background bring in chances of H4 rejection?

Hi,

I have a very similar story and need your advice.
I recently got married and my husband is working on H1B. I am currently in India and we have filed H1B for myself through a consultant. We are planning to file H4 as well immediately so that I can relocate to US at the earliest (even before the H1B application status is known).
My question is: At the interview for H4 is it safe for me to mention about the H1B processing going on at the background? This would be in case I am asked questions related to desire to work in the US. Would this create a chance for rejection of my H4?
On the other hand, is it ok to not mention about the H1B at all?

Your response would be highly appreciated.

Thanks in advance.