Impact of Having H4 and H1 together

[BalaKrishnan Durairaj]

I am on H1B and currently working in US. I have filed H4 for my wife along with my H1 and both got stamped together.

Now My wife employer has filed H1 for her and she got valid stamped H1 too.

She is planning to come to US on H1. As my wife is expecting and she wont be able to work in US for 3 to 6 Months after delivery.

I heard that we need to maintain the H1 status as long as we are in H1.

I know that the latest approval stays and H4 will be void since H1 is stamped for her now.

Please let me know if i file change of status for her to H4 and will be possible for her to start continue her work again changing status to H1.

Let me know how to handle this situation and hope someone helps me out of this confusion.

[raghvi]

I am on H1B and currently working in US. I have filed H4 for my wife along with my H1 and both got stamped together.

Now My wife employer has filed H1 for her and she got valid stamped H1 too.

She is planning to come to US on H1. As my wife is expecting and she wont be able to work in US for 3 to 6 Months after delivery.

I heard that we need to maintain the H1 status as long as we are in H1.

I know that the latest approval stays and H4 will be void since H1 is stamped for her now.

Please let me know if i file change of status for her to H4 and will be possible for her to start continue her work again changing status to H1.

Let me know how to handle this situation and hope someone helps me out of this confusion.

Is your wife outside US? Does she have both H4 and H1 valid and stamped in passport?

[BalaKrishnan Durairaj]

Reply

Yes she is in India and got H4 and H1 stamped in her passport

[peace999]

I think the visa she presents to the officer at US airport will be considered for admission and the same classification will be stamped on her passport at entry.
If she wants to be admitted on H-4 she can say that to the officer and she will be stamped H-4 on her passport.

[raghvi]

I think the visa she presents to the officer at US airport will be considered for admission and the same classification will be stamped on her passport at entry.
If she wants to be admitted on H-4 she can say that to the officer and she will be stamped H-4 on her passport.

If she enters the US using her H1 visa, then she has to work and get paid from the first work day after entry, she cannot stay at home for 3-6 Months without pay.

Advisable that she enter US using her H4, and once she is ready for work, to get her employer to file a Change of Status from H4 to H1. Once the COS is approved then she would be able to and must work with the H1 sponsor.

This is my opinion not legal advice.