H1B to H4 and then H4-H1 B Doubts

[ash123beav]

am in US on H1B and my wife has H1B stamped but she never travelled to US

She is not getting any opportunity from her current employer and also I have a kid whose H4 visa is not yet stamped. Is she come to US on H4 visa on my H1B, in that case what will be status of her H1B. as her employer will not intiate my kid H4 visa until she got a project.

Will they reject her H1B if my wife and kid both went on H4 on my H1B?
If not, can she search a job while on H4 and get it converted to H1B again and start working.
If she can convert back to H1B, how much time this process takes?

If they Reject her H1B while stamping H4, how can she get H1B again and does she needs to go through whole H1B process again and cap.

will it be good if i take my kid H4 visa on my H1-B or on my wife's H1B.

Please anyone who has knowledge about it, calrify my doubts so we can take a call on transfer.

[kabkaba]

Both your wife and your child can apply for their H4 Visas based on your H1 petition. It is possible that the H1B Visa in her passport will get canceled. But the underlying H1B petition will not be canceled.
Also, irrespective of the above your wife will remain exempt from annual cap. Any employer can file H1 petition for her at any time. But she will need at least the receipt notice and preferably approval notice of the previous H1 petition to claim this cap-exemption. (She should have approval notice copy, since she already got her Visa).

[ash123beav]

Thanks a lot for sharing the information, so once my wife reached in US on H4 and then can she work for same employer for whom the H1B was initially as we already had an approved petition notice.. also is there also be a chance that H1 will not get cancelled as may be she can take of LOP of let say a year from the employer?

[shervin143]

So once my wife reached in US on H4 and then can she work for same employer for whom the H1B was initially as we already had an approved petition notice..
>>> It doesn't work that way. If she enters U.S in H4 visa, then her status will be H4 and she cannot work. In order to work, the employer need to file a COS from H4 to H1B using the CAP from the previous H1B approval. Until the COS gets approved, she won't be able to work.

also is there also be a chance that H1 will not get cancelled as may be she can take of LOP of let say a year from the employer?
>>> The petition will remain valid as of the expiry date specified in the approval notice or until the employer revokes the petition. If the employer files a COS from H4 to h1B and if it gets approved with a new I-94, then she should be working and getting paid to maintain the H1B status. There is no concept of LOP or whatever when a person is in H1B status. If she doesn't want to work, then she should remain to be in H4 status.

[kabkaba]

Thanks a lot for sharing the information, so once my wife reached in US on H4 and then can she work for same employer for whom the H1B was initially as we already had an approved petition notice.. also is there also be a chance that H1 will not get cancelled as may be she can take of LOP of let say a year from the employer?

As mentioned above, she will need to wait until change of status to H1 gets approved before she can start working. (And if change of status gets approved she must start working).

Cancellation of existing Visas is totally up to Consular officer's discretion. It does not affect any future Visa applications.