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Get H4 while H1B petition is pending

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  • Get H4 while H1B petition is pending

    Hi i am working here on H1B and one company has applied for my wife's H1B too. She is already selected in this year's lottery and thus got her receipt or EAC number but hasn't been approved yet. Her current status on USCIS shows that further evidences required from employer. I talked with her employer who is not going to furnish any required evidence before 15 June 08 so, can she now apply for H4, get stamping done and come to USA before 15June 08 and have her status changed by filling COS from H4 to H1B.
    If yes than which risks are involved with above approach? what are the problems she has to face while getting approval of COS. Is COS would be done automatically or does she have to file for COS? Would she be able to work from 1st Oct. 08 even if having H4 stamp on passport? if not than which country would be preferrable and safe to get H1B stamping done?
    Would her H1B get void automatically if she gets H4 stamp after getting Notice Of approval(I-797C) of H1B. if yes than is there any way to get COS back to H1B after coming to USA or not? could she cross USA port of entry with H4 stamp even if her H1B petition got approved after date of H4 Stamp and before date of port of entry in USA?
    My own H1B visa expires on 30th sep 08, so could it negatively impact the issuance of H4 Visa to her due to the fact that my visa is expiring soon. I haven't applied for my next 3 year H1B extension yet.

    Your input would help me get over this dilema and take safe approach

  • #2
    She can enter on H4 status while her H1 case is pending. No problem AFAIK.

    Later, her employer can apply for an amendment to request an H1 I-797 with an attached I-94 OR she can get an H1 stamp and enter on H1. The COS (Change of Status) is not automatic. Her employer has to apply for one whenever she is ready to work on H1.

    For visa stamping, the country which can evaluate the education is preferred; however, people go to canada/mexico and get H stamp successfully.

    Your post is really hard to read. I may have missed some questions/concerns. Break it down, will you?
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      "Would her H1B get void automatically if she gets H4 stamp after getting Notice Of approval(I-797C) of H1B."

      --NO

      "could she cross USA port of entry with H4 stamp even if her H1B petition got approved after date of H4 Stamp and before date of port of entry in USA?"

      -- Yes. No Problem.

      "My own H1B visa expires on 30th sep 08, so could it negatively impact the issuance of H4 Visa to her due to the fact that my visa is expiring soon. I haven't applied for my next 3 year H1B extension yet."

      -- Visa is not important. The I-94 date is. But, this does not negatively affect the H4 outcome.
      Last edited by DMX17; 05-27-2008, 06:33 PM.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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