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Wife travelled to India on H4..But got her H1 approved

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  • Wife travelled to India on H4..But got her H1 approved

    Hi ,
    The case is that my wife and me are living in US.She was having H4 visa with my previous employer stamped and still valid. I changed my company so I am having new I-797 but no new stamping yet.
    In between my wife also got H1 visa approved with an employer and she traveled to India.I will be travelling to India for my H1 stamping and we will also be going for her H1 Visa stamping. On this scenario I have below questions :-

    1) Incase both our H1 Visa gets approved then there should not be any issue.
    2) What if her H1 Visa doesn't get approved. Can she still travel with me to US with her old H4 stamping.
    3) What is her H1 Visa gets hanged for administrative purpose. Can she travel with me to US with her old H4 visa stamping.
    4) If her H1 doesn't gets approved should we again go to consulate to get her H4 visa stamping for my new employer.

    Any help is appreciated.

  • #2
    1) Incase both our H1 Visa gets approved then there should not be any issue.
    2) What if her H1 Visa doesn't get approved. Can she still travel with me to US with her old H4 stamping.
    >>> When she appears for H1B stamping, her H4 will be cancelled first and then they will decide whether to issue H1B visa or not. So if H1B visa is denied, then she need to apply for H4 again using your latest H1B approval notice.

    3) What is her H1 Visa gets hanged for administrative purpose. Can she travel with me to US with her old H4 visa stamping.
    >>> Same answer as above. Her H4 will be cancelled first. If her case is pit on admin processing, then the consulate will hold on to her passport. If you are no longer interested in getting the H1B visa stamped, then you need to write to the consulate and withdraw your H1B visa application. This will be treated as visa denied and you have to answer YES going forward when you fill DS160 as previous visa denied as YES. Once you get the passport back, she can apply for H4 visa again.

    4) If her H1 doesn't gets approved should we again go to consulate to get her H4 visa stamping for my new employer.
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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