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H4 Filing while working

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  • H4 Filing while working

    Hi,

    My company is presently sponsoring my H1B Visa. My wife is working for a different company. Can I go to the consulate with my wife for her H4 visa, even when she works for a different company or should she have resigned while filing my wife's H4 visa?.

    Regards,
    Ram

  • #2
    The only requirement is that she should not work while she is in the US in H4 status. She does not need to stop working only to apply for a Visa.
    This is my opinion and not legal advice.

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    • #3
      What exactly is her plan? Is she planning to get the H4 visa and travel on that? If she do that, she cannot work any longer in U.S because people on H4 status are not suppose to work. Also, there are chances that her work visa (H1B / L1) might get cancelled when she goes for H4 stamping. Whether she has resigned the job or not is not an issue for H4 stamping.
      Not a legal advice. Use of this information is strictly at your own risk.

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