Renewing Expired H1B visa and going for H4 stamping

[smiroj]

Hi,

My employer is plannig to file for H1B out of cap, as my visa expired in May but used it for 2yrs & 8 months only
In the meanwhile am planning to get H4 stamped and visit my husband in the US for 2-3 months

Am not sure, if going for H4 will affect filing of H1 and if it all it is a valid scenario
If not, I will have to cancel my plans to get H4 stamping...am not sure
Can you please advise

Thanks,
Smiroj

[Nattybone]

Hi,

My employer is plannig to file for H1B out of cap, as my visa expired in May but used it for 2yrs & 8 months only
In the meanwhile am planning to get H4 stamped and visit my husband in the US for 2-3 months

Am not sure, if going for H4 will affect filing of H1 and if it all it is a valid scenario
If not, I will have to cancel my plans to get H4 stamping...am not sure
Can you please advise

Thanks,
Smiroj

Hello, Smiroj.

Once you are in US on H4, you could do a Change of Status to H1. Without having to leave US.

Cheers,