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H4 to H1 activate procedure before actual travel on H4

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  • H4 to H1 activate procedure before actual travel on H4

    Hi,

    I am recently back to India after working on H1B with my employer.

    My H1 extended and VISA is stamped till Nov 2016. But could not able fly due to unavailability of project.

    So I got H4 stamped(Husband is on separate H1) and now I have a valid H4 also.

    I understand that only one Visa will be active at a time, in my case which is H4.

    I did not even travel yet on H4.

    Q1. What is the process to get H1 activated back if I got any project?


    Q2. Is any intimation/process needs to be sent to USICS or at Port of Entry i can make my H1 active?

    Please do the needful

  • #2
    If you travel to US using H4 Visa and then want to change your status to H1. There are two ways to do it.

    1. Employer will file an amendment to the petition and request change of status. A different employer can also file a cap-exempt petition with change of status for you.
    2. You leave the US and return using H1 Visa.

    Only after your change of status effective, you can begin working. Considering that you have H1B Visa, option 2 will be quicker. You can simply go to Canada/Mexico and get new H1B I-94 on returning.
    This is my opinion and not legal advice.

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