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  • H4 to H1

    My friend's H1B has been filed in FY13 quota. If it gets approved will her current H4 be cancelled?

  • #2
    Are you talking about the H4 visa or the H4 status? Was the H1B filed as a COS (was the person inside U.S when the H1B petition was filed?) or for Consular process?
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      Are you talking about the H4 visa or the H4 status? Was the H1B filed as a COS (was the person inside U.S when the H1B petition was filed?) or for Consular process?
      She is in US on H4 status right now and her current H4 visa is valid till Jan 2015. If the H1B gets approved what will happen to her H4 status and/or H4 Visa?

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      • #4
        H4 visa in the passport will remain valid irrespective of whether the H1B gets approved or rejected. If the H1B is is filed as a COS, then her status will automatically change to H1B as of the H1B effective date (Oct 1st or later) and she should be working for the H1B sponsor and get paid to maintain the H1B status. If it is filed for consular process, she will remain to be in H4 status even after the H1B approval and she should not work for the H1B sponsor unless she leaves the country and return back in H1B visa.

        Originally posted by gssaini View Post
        She is in US on H4 status right now and her current H4 visa is valid till Jan 2015. If the H1B gets approved what will happen to her H4 status and/or H4 Visa?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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