URGENT INFO REQD: Can I hold H1B and H4 visa together?

[mohinis]

Hi,

I currently hold H1B visa but have not traveled to US yet. My assignment is going to start in next 3 months would it be possible for me to apply for H4 and meantime visit my spouse as he is already in US on H1B?

Will my H1B still hold good? and can I start working in US after 3 months?

Many Thanks!

[kabkaba]

There are 3 different things. H1 petition filed by your employer, H1 Visa in your passport and H1 status that you hold while in the US.

When you apply for H4 Visa at a consulate, the H1 petition is unaffected. The H1 Visa in your passport may get canceled, but you can get it again using the same petition.

If you travel to US in H4 status, you will have to maintain H4 status (not work). In order to work you will need to change your status to H4. There are two ways to do that. Your employer can file petition amendment to change your status and you can start working for them after it is approved. Alternatively you can leave the US and return with H1 Visa and petition and then begin working. While in the US you only have one status, no matter how many Visas you have in your passport.