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H1 H4 issue

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  • H1 H4 issue

    I was working in US for the past 3 years.When I was in US I had my visa extended for 3 years. So I have a valid visa till 2014 ( need to get a stamping though).i returned back to India in April 2012. My employer is planning to send me to US on a different assignment for a different client.So I have to apply for a amendment of my LCA. In the meantime I got engaged and my fiancé is in a different location in US.He is looking for a job in my new clients location but we are nt sure if he will be able to get it.My question is ...can he start my H4 processing when my H1 s LCA is under a change ?Will my H4 processing have any issues ?can I have it both processed ?

  • #2
    You can apply for H4 Visa at a consulate any time you wish (after you get married). H1 amendment and new LCA filed by your employer has nothing to do with that.
    However, if you choose to travel to US using that H4 Visa, your status will be H4 and you will not be allowed to work until the time your status is changed to H1. (Your employer can file this as amendment or you can again leave the US, obtain H1 Visa and return).
    This is my opinion and not legal advice.

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