H4 Stamping done, H1 applied

[smishra99]

Hi,
I have got a situation here. I have got my H4 stamped in April 2011. And my organisation has initiated my H1B processing from India. I have the below queries. Please clarify:-
1. Can I enter US on the stamped H4 and then go for H1B stamping after Oct 2011

2. How long can I stay while the H1B is in process? Should I be staying only till I get the H1B approval or till H1b stamping

3. Will there be chances of H1B rejection as I have a H4 already stamped

4. Will the H4 stamping be cancelled if my H1B stamping is done. Will H4 be cancelled on H1 stamping only or when H1B is approved

5. While applying for H1B, I did not have the H4 stamping. Hence, was not able to give the H4 stamping details in the application. Can I provide the details once the H1B is approved and is open for DS160 filling up.

[kabkaba]

Hi,
I have got a situation here. I have got my H4 stamped in April 2011. And my organisation has initiated my H1B processing from India. I have the below queries. Please clarify:-
1. Can I enter US on the stamped H4 and then go for H1B stamping after Oct 2011
You can travel anytime as long as your spouse is maintaining H1 status.
2. How long can I stay while the H1B is in process? Should I be staying only till I get the H1B approval or till H1b stamping
You can live in the US in H4 status. H1 petition does not change anything. In order to use the H1 you iwll have to change status to H1.
3. Will there be chances of H1B rejection as I have a H4 already stamped
Having H4 Visa does not matter.
4. Will the H4 stamping be cancelled if my H1B stamping is done. Will H4 be cancelled on H1 stamping only or when H1B is approved
Visa officer may or may not cancel previous visas. There is no rule.
5. While applying for H1B, I did not have the H4 stamping. Hence, was not able to give the H4 stamping details in the application. Can I provide the details once the H1B is approved and is open for DS160 filling up.
Yes, you will have to answer questions about previous visas in DS 160 accordingly when you apply for H1 Visa at the consulate.

Your H4 Visa has nothing to do with your employer's H1 petition. Stop worrying about it. Your status depends on which visa you use to enter the US.

[smishra99]

Your H4 Visa has nothing to do with your employer's H1 petition. Stop worrying about it. Your status depends on which visa you use to enter the US.

Thanks a lot @kabkaba for your answers....