h1 to h4 to h1

[hairaabhi]

Hi Friends ,

I would require your help in the following scenario.

I have a valid H1b Stamped on my Passport. Visa is valid till november 2013. But i haven't got a chance to travel to USA till now.

At the same time my wife employer have filled h1 for her and she got approved and stamped on her passport and she is in USA now and i am in INDIA.

My question is can i get my h4 through my wifes employer and travel to USA And then search a job in USA and get my H1 transferred. will this be possible.

Note : i haven't travelled to USA till now and i don't have any chances from my current employer. Request to currently help.

[raghvi]

Hi Friends ,

I would require your help in the following scenario.

I have a valid H1b Stamped on my Passport. Visa is valid till november 2013. But i haven't got a chance to travel to USA till now.

At the same time my wife employer have filled h1 for her and she got approved and stamped on her passport and she is in USA now and i am in INDIA.

My question is can i get my h4 through my wifes employer and travel to USA And then search a job in USA and get my H1 transferred. will this be possible.

Note : i haven't travelled to USA till now and i don't have any chances from my current employer. Request to currently help.

Theoretically yes.
When you go for H4 interview, in most likelihood your existing H1 stamp in passport will get cancelled.

Once in US on H4 if you are able to find an employer, a Change-Of-Status, COS, from H4 to H1 would have to be filed.
The COS might be approved or denied or recommended for consular processing (CP).
If approved you should start working immediately with the H1 employer. If denied you cannot work with that employer.
If approved for CP, you can work only if you go out of US, get H1 stamped, and re-enter.
If your H1 in passport was initially cancelled, whenever you exit US and want to re-enter US on H1 you would have to get a new H1 stamping done.

This is my opinion not legal advice.

[hairaabhi]

both h4 and h1

Thanks Raghvi for the information ,


Is it not possible to have both h4 and h1 on passport , for example if my current h1 sponsorer have any opportunity i can tavel on H1 and if no can't i use H4 , as i am india can't i have 2 visa's.

[raghvi]

Thanks Raghvi for the information ,


Is it not possible to have both h4 and h1 on passport , for example if my current h1 sponsorer have any opportunity i can tavel on H1 and if no can't i use H4 , as i am india can't i have 2 visa's.

It all depends on the VO issuing the H1/H4 whether they cancel the existing H4/H1. There are cases where a person held both H1 and H4 in passport. But while in US one can only be in H4 OR H1 status at any given time. Even if you have two visa in the passport, while entering US at the POE you have to tell which visa you are entering on and provide supporting documents for that and that will be your status.If you enter US on H4 and later want to work you would have to file COS to H1 and start working (recommended that you work only after approval of COS). Similarly, if you enter US on H1 you have to work and get paid as long as you are on H1 , if you want to move to H4 you have to file COS to H4 and continue working till COS to H4 is approved. This is my opinion, do seek expert guidance too.