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Having H1B and H4 together

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  • Having H1B and H4 together

    Hello Sir,

    I woud like to know if a person can have H1B and H4 visas at the same time.
    I have been to US on H1B for 4 months from my organization and back to India now. My H1B visa extension is in process and I already received the Receipt number.
    My husband is travelling to US now. If I join him now on H4 Visa, can I start the processing of my H1B via my oragnization once I get the petition.
    Also, how much time does it take to receive the petition once we get the receipt?

    It would be kind of you if you can clarify these.

    Thanks and Regards,
    Ani

  • #2
    Originally posted by aninnath View Post
    Hello Sir,

    I woud like to know if a person can have H1B and H4 visas at the same time.
    I have been to US on H1B for 4 months from my organization and back to India now. My H1B visa extension is in process and I already received the Receipt number.
    My husband is travelling to US now. If I join him now on H4 Visa, can I start the processing of my H1B via my oragnization once I get the petition.
    Also, how much time does it take to receive the petition once we get the receipt?

    It would be kind of you if you can clarify these.

    Thanks and Regards,
    Ani
    Visa, petition, status are three different things. You can have a valid H1 and H4 in passport, but you cannot have H4 and H1 status together while in US. If you re enter US using H4 petition, you need to file a H4 to H1 Change Of Status in order to move to H1.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks a lot for the clarification.
      If I file for H4 to H1 Change of Status, will I need to go through the entire process again including selection in lottery?
      And how it much does this status change take?

      Thanks and Regards

      Comment


      • #4
        No you would not have to go through the lottery.

        Its the employer who pays for the COS, and depends upon their attorney's cost. You can pay for additional premium process $1200 odd if you wish speedier decision.

        As for time it can take 2-4 Months in normal processing, 2-4 Weeks in premium processing.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks a lot.

          Ani

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