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3 questions regarding H4 and then H1

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  • 3 questions regarding H4 and then H1

    I am in India right now. My H1B petition has been approved (unfortunately I have not received it yet). I assume it will be a "I-797 without I-94" since I was not in the US when it was applied for.

    I intend to go for H4 visa stamping in a few days.

    Q1. Will the H1B get invalidated/cancelled if, after approval, I get a H4 visa stamp.

    Q2. Do I have to have my spouse's name in my passport?

    Q3. Can I go to Canada for H1 stamping after arriving in the US and of course after I have the 797 in hand? Please note that I have had prior H1 and L1 visas.

    Thanks much in advance!!!

  • #2
    Anyone? Anyone out there?

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    • #3
      Q1. Will the H1B get invalidated/cancelled if, after approval, I get a H4 visa stamp.
      Ans: NO. I am very positive, your H1B won't get cancelled but check w/ an attorney for your clarification.

      Q2. Do I have to have my spouse's name in my passport?
      Ans: Not necessarily, but it will be a plus if you have it in the passport. Any how, you shall present the marriage certificate & photos when you appear for H4 stamping.

      Q3. Can I go to Canada for H1 stamping after arriving in the US and of course after I have the 797 in hand? Please note that I have had prior H1 and L1 visas.
      Ans: Some people do this but it's not recomended!

      GoodLuck...
      Last edited by Das; 11-30-2006, 07:48 PM.

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      • #4
        thanks das

        anyone out there gone through the same scenario?

        To me, the "going to canada for h1 stamping" is not as important as not having the h1 approval invalidated/cancelled due to a H4 done later.

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        • #5
          hello

          Hello

          If you filed your h1 when you are in india dont come to US and get stampled there it self and come .

          I have the same situation lke I filed H1 to my wife when we were in india and she came to US on H4 and we attended for status change for h4 to h1 in canada .

          but they told us reapply in india..

          My strong suggestion is that dont think about to attend in canada or where ever....otherthan india when you file h1 when u r in india...

          thanks

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          • #6
            question still remains:

            if i do apply for a H4, does the h1 approval notice get cancelled/revoked?

            i dont mind flying back to india with the h1 approval notice and going to a consulate in india for h1 stamping..

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