H4 visa travelling while H1B out of cap filed

[mahesh31]

Hi,

Please try to help me with my situation.

My spouse has her I140 approved and working on H1B in USA. I have my H4 visa stamped till Dec 2018. I am currently in India and My employer has also filed my H1B out of cap consular processing. Also even my I140 application is in progress since 6 months and not yet approved.
Now I am planning to travel on H4 visa to USA to join my wife.

1) Will this affect the approval of the H1B out of cap petition filed by employer on the grounds of purpose of travel misconstrued ?
2) Once H1B is approved can I apply for change of status from H4 to H1 in USA or have to travel to India for Visa stamping.
3) Since my spouse has I140 approved, is it advisable to start applying for EAD since there could be chance for H1B rejection?

Thank you in advance.

[raghvi]

Hi,

Please try to help me with my situation.

My spouse has her I140 approved and working on H1B in USA. I have my H4 visa stamped till Dec 2018. I am currently in India and My employer has also filed my H1B out of cap consular processing. Also even my I140 application is in progress since 6 months and not yet approved.
Now I am planning to travel on H4 visa to USA to join my wife.

1) Will this affect the approval of the H1B out of cap petition filed by employer on the grounds of purpose of travel misconstrued ?
2) Once H1B is approved can I apply for change of status from H4 to H1 in USA or have to travel to India for Visa stamping.
3) Since my spouse has I140 approved, is it advisable to start applying for EAD since there could be chance for H1B rejection?

Thank you in advance.

1. No.
2. Yes.
3. No harm in doing so.

This is my opinion not legal advice.