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Can an individual have both H1B & H4 Visa

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  • Can an individual have both H1B & H4 Visa

    My wife has a H1B visa(expired on sep 2016 and applied for extension) from Company A and she has never traveled before and not stamped. Company A is not sending her to US. I am working in USA from June 2016 on H1B visa from Company B. can you suggest on the below :
    1. My wife is planning to quit Company A in India and travel on H4 from issue by Company B. Does this cancels/revoke her H1B visa automatically given by Company A?
    2. Can Company A cancel her H1B if she quits? If yes, does she remain cap exempt for next 6 years or she needs to go for lottery again?
    3. In case H1 is not cancelled and she manages to get a job in US with new employer, transfer from H4 from H1B?

    I have read a lot about this in many forums but didnt get any proper answer and no one is sure about this case. Please help on this.

    Thanks,
    Satheesh

  • #2
    Originally posted by satrece View Post
    My wife has a H1B visa(expired on sep 2016 and applied for extension) from Company A and she has never traveled before and not stamped. Company A is not sending her to US. I am working in USA from June 2016 on H1B visa from Company B. can you suggest on the below :
    1. My wife is planning to quit Company A in India and travel on H4 from issue by Company B. Does this cancels/revoke her H1B visa automatically given by Company A?
    2. Can Company A cancel her H1B if she quits? If yes, does she remain cap exempt for next 6 years or she needs to go for lottery again?
    3. In case H1 is not cancelled and she manages to get a job in US with new employer, transfer from H4 from H1B?

    I have read a lot about this in many forums but didnt get any proper answer and no one is sure about this case. Please help on this.

    Thanks,
    Satheesh
    1. No.
    2. A cannot cancel the visa (in the passport), they can only send USCIS a request to revoke their petition- I797. Your spouse would still be considered cap exempt.
    3. The new employer would have to file a COS from H4 to H1, and will get a new I797. If COS is approved with new I-94, then she can work for the employer.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      1. No.
      2. A cannot cancel the visa (in the passport), they can only send USCIS a request to revoke their petition- I797. Your spouse would still be considered cap exempt.
      3. The new employer would have to file a COS from H4 to H1, and will get a new I797. If COS is approved with new I-94, then she can work for the employer.

      This is my opinion not legal advice.
      Thanks for quick response. My wife H1B extn is pending with USICS. Still there will not be a problem for H1 status to be continued? or which has to be approved before she travel on H4?

      Thanks,
      Satheesh

      Comment


      • #4
        Originally posted by satrece View Post
        Thanks for quick response. My wife H1B extn is pending with USICS. Still there will not be a problem for H1 status to be continued? or which has to be approved before she travel on H4?

        Thanks,
        Satheesh
        Its not required for H1 extension to be approved in order for her to travel on H4. When was H1 originally filed?

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Its not required for H1 extension to be approved in order for her to travel on H4. When was H1 originally filed?

          This is my opinion not legal advice.
          Her H1 extn filled on Feb 3rd 2017.

          Comment


          • #6
            Originally posted by satrece View Post
            Her H1 extn filled on Feb 3rd 2017.
            When was H1 originally filed? The first time H1 petition , which year was it filed? As that will determine till when she can be cap exempt.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              When was H1 originally filed? The first time H1 petition , which year was it filed? As that will determine till when she can be cap exempt.

              This is my opinion not legal advice.
              It's on 2015. She got validity for one year till sep 2016.

              Comment

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