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having valid h1 b visa and travelling to USA on h4 visa

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  • having valid h1 b visa and travelling to USA on h4 visa

    I have valid h1 b visa from oct 2013 till august 2016 , I was in US from march 2014 till sept 2014 for some project work through my organisation. Now I am in india and I have resigned from that organisation as my husband is travelling to us in feb 2015 , I have few questions.
    1. what should i do to travel with him on h4 ( we both are in india currently)
    2. will my h1 get cancelled if i will travel to US on h4.
    3. what should I do to start woking in US again , after reaching US on h4.
    4. If I will have h4 stamped in India , will my status automatically change from h1 to h4 in USA as soon as I enter Port of entry.
    5. Maximum how many days will it take in changing my status back to H1 b

    Please help!

  • #2
    Originally posted by dldl View Post
    I have valid h1 b visa from oct 2013 till august 2016 , I was in US from march 2014 till sept 2014 for some project work through my organisation. Now I am in india and I have resigned from that organisation as my husband is travelling to us in feb 2015 , I have few questions.
    1. what should i do to travel with him on h4 ( we both are in india currently)
    2. will my h1 get cancelled if i will travel to US on h4.
    3. what should I do to start woking in US again , after reaching US on h4.
    4. If I will have h4 stamped in India , will my status automatically change from h1 to h4 in USA as soon as I enter Port of entry.
    5. Maximum how many days will it take in changing my status back to H1 b

    Please help!
    1. Fill DS-160 online, pay fees, schedule appointment go for finger print and visa interview and get H4 stamp in passport.
    2. Most probably not, but depends upon the officer. Even though it may get cancelled it should not impact your ability to move to H1 again.
    3. Using the 2013 approved I797 copy , any employer can file a cap exempt H1 petition in order for you to convert from H4 to H1. So first find a genuine employer and tell them you had an H1 earlier, and then they should be able to file COS for you.
    4. You are already out of US, so technically you dont have H1 or H4 status. As you enter US on H4 visa your status becomes H4, once the employer files and gets approved the Change Of Status (COS) as described in point three above, then you gain H1 status.
    5. Once you have found an employer, 2-4 Weeks in premium, 2-4 Months in normal processing.

    This is my opinion not legal advice.

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