3 questions regarding H4 and then H1

[misssunshine]

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!!!

[misssunshine]

Anyone? Anyone out there?

[Das]

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...

[misssunshine]

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.

[sivaram]

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

[misssunshine]

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..