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H4 VISA approved after H1

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  • H4 VISA approved after H1

    Hi,

    My wife had L1B VISA only till 5th Aug, 2014. So, we decided to file new H1B for her for 2014 quota. So that she can start working again after Oct, 2014.
    Her name got selected in the lottery and her H1B VISA got approved - starting effective date 1st Oct, 2014.
    But, for the period between 5th Aug, 2014 and 1st Oct, 2014, she didn't have any VISA to stay in US, and so we decided to get her H4 as my dependent for that period.

    We applied for H4 on 5th Aug, 2014 - which got returned with RFE (on 16th Jan, 2015) and ultimately got approved on 3rd Mar, 2015.

    Since, she now already have H1B which already got effective from 1st Oct, 2014 - does this approval of H4 will impact her active H1B?

  • #2
    Originally posted by maniprabhu2001 View Post
    Hi,

    My wife had L1B VISA only till 5th Aug, 2014. So, we decided to file new H1B for her for 2014 quota. So that she can start working again after Oct, 2014.
    Her name got selected in the lottery and her H1B VISA got approved - starting effective date 1st Oct, 2014.
    But, for the period between 5th Aug, 2014 and 1st Oct, 2014, she didn't have any VISA to stay in US, and so we decided to get her H4 as my dependent for that period.

    We applied for H4 on 5th Aug, 2014 - which got returned with RFE (on 16th Jan, 2015) and ultimately got approved on 3rd Mar, 2015.

    Since, she now already have H1B which already got effective from 1st Oct, 2014 - does this approval of H4 will impact her active H1B?
    What this means, as per last action rule, is that she is on H4 now and cannot work on H1. She would need to file a H4 to H1 COS and get it approved in order to work.

    This is my opinion not legal advice.

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    • #3
      H4 VISA approved after H1

      Thanks for your suggestion - i will check with the consultant attorney and will apply accordingly.

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