Applying for H4 while H1B petition is there..will H1B petition will be cancelled

[kasturihazra]

Hi,

I have a H1B petition valid till July 2016 from Oct 2013. I did not stamp my Visa yet. Now I am planning to go to US with my spouse in H4 visa for a vacation. So I am going to initiate my H4 visa processing.So I have a question , what will happen to my H1B petition.

Can I stamp my H1B visa with this petition once I come back from vacation ?

Or I need to again apply for H1b?


Thanks in advance

[raghvi]

Hi,

I have a H1B petition valid till July 2016 from Oct 2013. I did not stamp my Visa yet. Now I am planning to go to US with my spouse in H4 visa for a vacation. So I am going to initiate my H4 visa processing.So I have a question , what will happen to my H1B petition.

Can I stamp my H1B visa with this petition once I come back from vacation ?

Or I need to again apply for H1b?


Thanks in advance

You can apply for H4, no issues. It will not affect your H1. If you want you can try doing a H4 to H1 COS while being in US without need to travel back.

This is my opinion not legal advice.