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H4 Visa while H1 Petition is approved

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  • H4 Visa while H1 Petition is approved


    a. I am on H1B. My wife came to the US in Mar 2013 on H4 Visa that was stamped in Feb '13.
    b. Applied H1B for my wife in Apr 2013.
    c. H1B petition with COS was approved in Nov 2013 for 3 years.
    d. We were also blessed with a baby in Nov 2013.
    e. The Employer let her work from home for Dec '13, Jan '14 and Feb '14. She left to India in mid-feb.
    f. She is planned to travel back in May 3rd week.
    g. Her H4 Visa expired in Apr 1st week.

    As the baby is too little, I wanted to know if she could get her H4 extension through Interview Waiver Program (she is eligible) and not go for H1 Interview. This way she could take care of the child.

    Could you please let me know

    1. If she can go for H4 Visa through IWP and is there anything to be taken care (as she worked in the US) ?
    2. Can she go for an H1B stamping with the same employer at a later time as it is approved for 3 years provided the Employer agrees to take her in later ?


  • #2
    Once she decides to go for H1 again she can work with anyone who files for her COS.