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Getting H4 while on H1B

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  • Getting H4 while on H1B

    Hi,

    I am in US with a valid H1B. My would-be wife is in India and has her H1B for more than an year. But due some reasons, her company has not sent her to US till now.

    1. I am planning to get her to US on H4. Can she retain her H1B status along with H4?
    2. If she can retain H1B, is there any procedure that need to be followed while going for a Visa stamping of H4?
    3. While on H4 in US, if her company shows any opportunity, can she start working with the retained H1B? If yes, what is the procedure?

    Any suggestions would be greatly appertained.

  • #2
    1. Only 1 status can be held inside US at any given time. The h1b cap number belongs to her and she can change to H1b again later on when she finds a sponsor and a job.
    2. Nothing special.
    3. The company has to apply for a COS - Change fo Status and she can work on H1b only after it gets approved. SHe can join any employer that is able to sponsor using the same approach. She just needs proof that she had an H1b approved in the past. A copy of I797 is needed.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks txh1b for your help.

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