H4 to H1 transfer in India

[RaviKumar_2]

Hi All,
I am currently working in US (H1B visa), my wife is in India working in IT company A, She also got H1B visa in the year 2014 valid till Nov 2014. She didn’t get any opportunity to travel in her current company.

My doubts
1. Can she travel using her current visa H1B privately not through her company, If she travel will there be any risk.
2. If I process H4 for her, Will there be any problem with her current visa (H1B) (will it get cancelled)
3. If she travels to US using H4, after entering US is it possible to transfer her visa from H4 to H1. If yes please suggest me what we need to do to transfer h4 to h1.
4. Is it possible to transfer H1B visa to other company in India itself without travelling to US even once.
Please help me in clearing these doubts

Thanks
Ravi

[Nattybone]

Hello, Ravi.

Here are my thoughts to your queries:
1. Can she travel using her current visa H1B privately not through her company, If she travel will there be any risk. No. This is not possible. She will need to furnish I797 for the work period as entering on H1B means entering with the intent to work. If she enters, somehow, her payroll will not be run as there is no employment. She would subsequently lose legal status in USA when payroll is not run. Then switching to another visa without exiting USA, would be impossible. So, this is certainly not feasible.

2. If I process H4 for her, Will there be any problem with her current visa (H1B) (will it get cancelled). This seems like a good plan, and maybe the best. I do not see any challenge in her H4 getting approved. Once she enters USA on H4, you can at leisure find an employer for her and move her H1B. Upon entering USA on H1B, one has to maintain legal status in the form of a payroll being run every month. The way your payroll is run. But, on H4, there is no such requirement. She can enter and relax and learn about the country for some time. You can file for H1B transfer / revival for upto 6 years from when H1B visa was granted. If she got her H1B visa in 2014, you can revive her H1B upto 2020. She will eligible for full 6 years of H1B whenever this petition gets revived. One 6 year period is the duration on H1B. Another 6 year period is the time within which an existing H1B visa can be revived. Do not get confused. Also, when she approaches the consulate for H4, it does happen, that the visa officers strike off the existing visa, which in your case is H1B. However, it does not mean that the H1B is cancelled or not valid. It is done to avoid people mistakenly travelling on the other visa. In many cases, the visa officers do not strike off an existing visa. Just fyi.

3. If she travels to US using H4, after entering US is it possible to transfer her visa from H4 to H1. If yes please suggest me what we need to do to transfer h4 to h1. This is the best path, i feel. Once she enters on H4, you start looking for an employer who is willing to sponsor her. Given her IT background, this will not be difficult. Once you find an employer, they will file for a visa transfer petition and upon approval, she can file for a COS (Change of Status) and her status will change from H4 to H1. You will NOT have to leave USA for this. All this will happen while being in the USA. When next time, she leaves USA, she will have to get the appropriate H1B stamp on her passport for entering USA next time. But, as long as you stay within USA, you are not required to get the passport stamped.

4. Is it possible to transfer H1B visa to other company in India itself without travelling to US even once. This is also possible. You will have to find an employer who is willing to sponsor her and employer her. I personally liked the H4 route.

I hope this helps.

Wishing you luck.

Cheers,

Hi All,
I am currently working in US (H1B visa), my wife is in India working in IT company A, She also got H1B visa in the year 2014 valid till Nov 2014. She didn’t get any opportunity to travel in her current company.

My doubts
1. Can she travel using her current visa H1B privately not through her company, If she travel will there be any risk.
2. If I process H4 for her, Will there be any problem with her current visa (H1B) (will it get cancelled)
3. If she travels to US using H4, after entering US is it possible to transfer her visa from H4 to H1. If yes please suggest me what we need to do to transfer h4 to h1.
4. Is it possible to transfer H1B visa to other company in India itself without travelling to US even once.
Please help me in clearing these doubts

Thanks
Ravi

[RaviKumar_2]

Thanks Nattybon, it is a great help for me.

[RaviKumar_2]

One more doubt

Once H4 is done for my wife, If she gets an opportunity in her company to travel in H1B, Is it possible to travel in H1B in spite of having H4 also.

[Nattybone]

Hello, Ravi.

If i understand your question correctly:

Your wife (already having an H1B stamp on passport till November 2014 from an earlier employer) goes for an H4 interview and gets the visa approval and then if her current employer also sponsors her H1B and gets new I797 petition approved:
i) If all this happens well before November 2014 (the H1B visa date valid on the passport) and at the time of H4 interview, your wife's H1 is not struck off, your wife could travel on either of H4 or H1B. To enter on H1B, at the Port of Entry (POE), she will have to mention reason of entry as work and furnish the I797 with new employer details and old H1B stamp on the passport. She will get an I94 basis the I797.

ii) If during her H4 interview, the visa officer strikes off old H1B, then your wife will have to go for an H1B interview, if she intends to enter on H1B.

If your wife gets H1B from her Indian employer, she could then straight away come to USA with the old H1B visa stamp (depending on the dates, her H1B visa stamp is till November 2014). If H1B sponsored by current employer after November 2014, then your wife will have to appear for H1B interview.

I hope this helps.

Wishing you luck.

One more doubt

Once H4 is done for my wife, If she gets an opportunity in her company to travel in H1B, Is it possible to travel in H1B in spite of having H4 also.