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What happens to approved H1B when H4 is filed?

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  • What happens to approved H1B when H4 is filed?

    Hi, I have my H1b application in processing through a consultant in USA (I am in India now). However, I will be getting married in Dec and would like to come to USA on H4 visa (to reduce risk of H1b stamping getting rejected). Will my H1b still valid in that case (so that I can convert to H1b after coming to USA and find a full time employer)?

    I searched this forum for this but found conflicting answers (few people said it can be done, but others said H1b will become invalid based on last action rule)

    Thanks

  • #2
    Last action rule applies only if you are inside U.S. The petition if approved will remain valid until revoked by the employer. If you enter U.S in H4 visa, you cannot work unless an employer files a COS from H4 to H1B and it gets approved.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the clarification!

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