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H4 to H1B Visa

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  • H4 to H1B Visa

    Hi All,

    My fiance and myself are on H1B visa status. Fiance's current USA based company is unstable. In case he travels out of USA and looses his job then how can he enter USA? On dependent H4 visa or H1B visa (once it is stamped) ? If H4 visa, then can he work in USA or has to transfer his H4 to H1B again? Please guide me. Thanks!

    Maddy

  • #2
    Originally posted by maddy2018 View Post
    Hi All,

    My fiance and myself are on H1B visa status. Fiance's current USA based company is unstable. In case he travels out of USA and looses his job then how can he enter USA? On dependent H4 visa or H1B visa (once it is stamped) ? If H4 visa, then can he work in USA or has to transfer his H4 to H1B again? Please guide me. Thanks!

    Maddy
    "H4 visa from you?"

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    • #3
      Originally posted by anxyanxy View Post
      "H4 visa from you?"
      Yes H4 from me (once we are married)

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      • #4
        Originally posted by maddy2018 View Post
        Hi All,

        My fiance and myself are on H1B visa status. Fiance's current USA based company is unstable. In case he travels out of USA and looses his job then how can he enter USA? On dependent H4 visa or H1B visa (once it is stamped) ? If H4 visa, then can he work in USA or has to transfer his H4 to H1B again? Please guide me. Thanks!

        Maddy
        The only way for your spouse to work on H4 is if you have an approved I140 in your name, in which case he can file for a H4 EAD. Otherwise the only way he can work is if he can transfer his exiting H1 to the new employer and work on H1.
        Just an opinion; Not legal advice.

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        • #5
          Originally posted by scientist2016 View Post
          The only way for your spouse to work on H4 is if you have an approved I140 in your name, in which case he can file for a H4 EAD. Otherwise the only way he can work is if he can transfer his exiting H1 to the new employer and work on H1.
          Thanks a lot for your response. Appreciate the help!

          Comment


          • #6
            Originally posted by maddy2018 View Post
            Thanks a lot for your response. Appreciate the help!
            Just one more question in continuation to our discussion. If my husband enters USA on H4 (from me) and he is not working. Could he still switch his status from H4 dependent to H1B in case a company hires him? So to summarize, would his H1B status be deactivated when H4 is active and then once he is in USA and an employer decides to hire him, then he can re activate his H1B status and deactivate H4? Is this correct? Please guide me..
            Thanks!

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            • #7
              Originally posted by maddy2018 View Post
              Just one more question in continuation to our discussion. If my husband enters USA on H4 (from me) and he is not working. Could he still switch his status from H4 dependent to H1B in case a company hires him? So to summarize, would his H1B status be deactivated when H4 is active and then once he is in USA and an employer decides to hire him, then he can re activate his H1B status and deactivate H4? Is this correct? Please guide me..
              Thanks!
              Yes, he can file for a change of status from H4 to H1.
              Just an opinion; Not legal advice.

              Comment


              • #8
                Originally posted by scientist2016 View Post
                The only way for your spouse to work on H4 is if you have an approved I140 in your name, in which case he can file for a H4 EAD. Otherwise the only way he can work is if he can transfer his exiting H1 to the new employer and work on H1.
                "You can sponsor him on H4 only if he is your spouse. I don't think you can sponsor a fiance on H4."

                Not a legal advice

                - - - Updated - - -

                Originally posted by maddy2018 View Post
                Yes H4 from me (once we are married)
                yes, definitely! do it asap good luck!

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                • #9
                  Originally posted by scientist2016 View Post
                  Yes, he can file for a change of status from H4 to H1.
                  Thanks very much!

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