Appplying for H4 for my wife , H1 under post decision activity

[anmolnegi]

Hi Guyz,

Need your advice. I am flying this month on H1b Visa, my wife's H1b visa got selected this year in lottery and now application is in "Post Decision Activity". Her Visa would be available for stamping from Oct 2014
I wanna take her with me on H4 visa till Oct 14. So is there any issue in doing so.
My Concern:
1. Can she have both H4 and H1b both.
2. Will her H1b visa get invalid if she gets H4 stamped (some guys say that to me).
3. Any issue If she comes back in Oct 14 and gets her H1b Visa stamped.

Please guide..

[raghvi]

Hi Guyz,

Need your advice. I am flying this month on H1b Visa, my wife's H1b visa got selected this year in lottery and now application is in "Post Decision Activity". Her Visa would be available for stamping from Oct 2014
I wanna take her with me on H4 visa till Oct 14. So is there any issue in doing so.
My Concern:
1. Can she have both H4 and H1b both.
2. Will her H1b visa get invalid if she gets H4 stamped (some guys say that to me).
3. Any issue If she comes back in Oct 14 and gets her H1b Visa stamped.

Please guide..

Visa, Petition, non immigrant status, I-94 are all different things. Once H1 petition is approved, as it was processed while she was outside US , the petition would be approved as consular process. She still wouldnt have an H1 stamped in the passport.

1. One can have multiple visas but only one status while in US.
2. As I said she hasnt yet got the visa stamped.. If she has a H1 visa stamped in passport, and then she goes for H4 visa, the officer might cancel the visa, but the petition will still be valid.
3. Dont see any issues with that.

Get H4 for your spouse, let her travel with you on H4. While in US if she wants to move to H1 ask her employer to file a H4 to H1 Change Of Status request using the already approved H1 petition. With a genuine and good employer, it normally would not be a problem and the COS shoudl get approved and she wouldnt need to travel to get H1 stamped in order to move to H1.
If this doesnt work out she can always come back, attend H1 stamping and return to US on H1 visa.

This is my opinion not legal advice.

[anmolnegi]

Appplying for H4 for my wife , H1 under post decision activity

Visa, Petition, non immigrant status, I-94 are all different things. Once H1 petition is approved, as it was processed while she was outside US , the petition would be approved as consular process. She still wouldnt have an H1 stamped in the passport.

1. One can have multiple visas but only one status while in US.
2. As I said she hasnt yet got the visa stamped.. If she has a H1 visa stamped in passport, and then she goes for H4 visa, the officer might cancel the visa, but the petition will still be valid.
3. Dont see any issues with that.

Get H4 for your spouse, let her travel with you on H4. While in US if she wants to move to H1 ask her employer to file a H4 to H1 Change Of Status request using the already approved H1 petition. With a genuine and good employer, it normally would not be a problem and the COS shoudl get approved and she wouldnt need to travel to get H1 stamped in order to move to H1.
If this doesnt work out she can always come back, attend H1 stamping and return to US on H1 visa.

This is my opinion not legal advice.

Hi Ragvi,

Thanks for Quick reply,

Yeah her H1b is not stamped yet coz its valid from Oct 14. So If I take her on H4 that should not effect her H1b request ?

[raghvi]

Hi Ragvi,

Thanks for Quick reply,

Yeah her H1b is not stamped yet coz its valid from Oct 14. So If I take her on H4 that should not effect her H1b request ?

Dont see any negative effect to the underlying H1 petition. As long as H1 petition is approved by USCIS, and you have the I797 with you, it should not be a problem. Only USCIS can cancel the petition.

You do need to realize that her employer would eventually need to file a H4 to H1 COS OR she would need to come out of US to attend H1 visa stamping at a later point in order to move to H1.

This is my opinion not legal advice.