Need advice on status of valid H1B petition(not stamped) after H4 stamping.....

[ss1983]

Dear Team,

In a nutshell my current status is:

- My spouse has a valid H1B petition but not yet stamped. Petition is valid for next 3 years.
- I am travelling to USA on H1B and planning to initiate her H4 as she would not be able to work for next couple of months.
- She wants to work on H1B after 8 months.
- She does not have either H1B or H4 stamped currently.

My questions are:

- What will happen to her valid H1B petition when H4 will be stamped. Would H1B petition be remain valid?
- After 8 months can she use her H1B petition to start working in USA or she needs to apply for a fresh H1B?
- If her H1B petition remains valid, is it needed to come back to India, get H1B stamped and again travel back to USA?

Thanks and Regards,
Sourav Sar

[Nattybone]

Dear Team,

In a nutshell my current status is:

- My spouse has a valid H1B petition but not yet stamped. Petition is valid for next 3 years.
- I am travelling to USA on H1B and planning to initiate her H4 as she would not be able to work for next couple of months.
- She wants to work on H1B after 8 months.
- She does not have either H1B or H4 stamped currently.

My questions are:

- What will happen to her valid H1B petition when H4 will be stamped. Would H1B petition be remain valid?
- After 8 months can she use her H1B petition to start working in USA or she needs to apply for a fresh H1B?
- If her H1B petition remains valid, is it needed to come back to India, get H1B stamped and again travel back to USA?

Thanks and Regards,
Sourav Sar

Hello, Sourav.

1) Once your wife gets her H4 stamped, nothing happens to her H1B. Her H1B stays in the system, whenever you wish to switch to H1B status from H4, he could do so, using her old approval. The I797 must be there with you, or the petition number atleast must be there.

2) She can use the existing approved petition any time. She will have to do a Change of Status (COS) to H1B. Her approved H1B is good.

3) One does not need to come to India to get the visa stamped. You could file for a Change of Status (COS) against a Consular Processing and that way you could continue working in USA without having to come to India. Yes, one noteworthy thing is, if she has a need to exit USA after doing a COS, then she will have to go for stamping. But, for the period you plan to stay within USA, you could continue after switching status through a COS.

I hope this helps.

Wishing you luck.

Cheers,