Traveling to US before H1b start date

[schroedingerscat]

Hi All,

I have gone through most of the related questions on this forum, but didn't get much clarity on my specific case. Hence, asking this here, Appreciate if someone could give any insights

I am currently on H1B and am getting married in Feb 2014 in India. My fiance's current employer is looking into filing her H1B petition too. Assuming that goes through (and we get to know by May first week) , her start date will be Oct 1, 2014 I guess. I am trying to figure out if she can come to US before that (on any visa - say H4/B2)

Q1 Can she come on H4 / B2 visa after H1 approval without making her H1 void.?

Q2 What I have gathered is that
2.1) if she applies for H4 in Feb and gets it before April 1 (i.e when her employer applies for H1B) - her employer will need to file for COS from H4 to H1 at the time of filing. Since this would be effective only in October, she can come on her current H4 and stay in US. (In Oct, the status will change automatically)

2.2) If she files for her H4 "after" her H1 is approved (say she files in May) - she can travel to US on H4. But either has employer has to file a COS also OR she has to go back to India before her visa interview for her H1B. (btw is this an OR case or does her employer have to file for COS anyway?)

Is my understanding of 2.1 and 2.2 correct? In 2.2, would doing it on B2 make sense though I understand that COS from B2 to H1 is harder?

Thanks for your time.

[Nattybone]

Hi All,

I have gone through most of the related questions on this forum, but didn't get much clarity on my specific case. Hence, asking this here, Appreciate if someone could give any insights

I am currently on H1B and am getting married in Feb 2014 in India. My fiance's current employer is looking into filing her H1B petition too. Assuming that goes through (and we get to know by May first week) , her start date will be Oct 1, 2014 I guess. I am trying to figure out if she can come to US before that (on any visa - say H4/B2)

Q1 Can she come on H4 / B2 visa after H1 approval without making her H1 void.?

Q2 What I have gathered is that
2.1) if she applies for H4 in Feb and gets it before April 1 (i.e when her employer applies for H1B) - her employer will need to file for COS from H4 to H1 at the time of filing. Since this would be effective only in October, she can come on her current H4 and stay in US. (In Oct, the status will change automatically)

2.2) If she files for her H4 "after" her H1 is approved (say she files in May) - she can travel to US on H4. But either has employer has to file a COS also OR she has to go back to India before her visa interview for her H1B. (btw is this an OR case or does her employer have to file for COS anyway?)

Is my understanding of 2.1 and 2.2 correct? In 2.2, would doing it on B2 make sense though I understand that COS from B2 to H1 is harder?

Thanks for your time.

Hello, Schroedingerscat.

If i understand your query correctly:
1) Generally, Visa Officers cross out the earlier visa when granting a new visa.

About H1B in your fiancee's case
i) H1 approved in April and stamped, then applying for H4 - If your fiancee goes for H4 after H1, her H1 might be crossed off. But, that does not mean the visa is gone. H1B, once issued is your for 6 years. So, even with a crossed H1B, she could travel on H4 to USA, and do a COS for October 2014. Even after the H1B being crossed on the passport. You will receive a new I797 and I94 in mail after you apply for COS from H4 to H1.

ii) H4 before H1B - If your fiancee gets H4 before H1, then at the time of her H1B interview, her existing H4 might be crossed off. Then, she would not be able to travel before October, unless you try for B2.

iii) Travelling on B2 and then COS - I feel H4 is better than B2. Because, B2 will, at max, get you a 6 month stay. At the time of filing COS from B2, if there is a regular RFE or some other delay, you would always have to watch out for her I94 expiry date. Which is quite unsettling.

I feel, ideal thing, get her H4 petition filed and stamped first. Let her employer file for H1B in April 2014 but do not go for stamping. Whenever she intends to travel (before October), she could come on H4 and using her approved H1B file for a COS. This is what i would do.

Wishing you luck. Hope this helps.

Cheers,

[schroedingerscat]

Hello, Schroedingerscat.

I feel, ideal thing, get her H4 petition filed and stamped first. Let her employer file for H1B in April 2014 but do not go for stamping. Whenever she intends to travel (before October), she could come on H4 and using her approved H1B file for a COS. This is what i would do.

Cheers,

Thank you. This helps

[happybuddha]

Hello, Schroedingerscat.

If i understand your query correctly:
1) Generally, Visa Officers cross out the earlier visa when granting a new visa.

Wrong. I can have any number of US visas and the VO will not cancel out the earlier visa. Your intent of visiting is questioned at the POE where a CBP office will ask you 'What is the purpose of your visit'. You should have a valid visa pertaining to the intent of the visit.

[kabkaba]

Hi All,

I have gone through most of the related questions on this forum, but didn't get much clarity on my specific case. Hence, asking this here, Appreciate if someone could give any insights

I am currently on H1B and am getting married in Feb 2014 in India. My fiance's current employer is looking into filing her H1B petition too. Assuming that goes through (and we get to know by May first week) , her start date will be Oct 1, 2014 I guess. I am trying to figure out if she can come to US before that (on any visa - say H4/B2)

Q1 Can she come on H4 / B2 visa after H1 approval without making her H1 void.?

-- Yes, she can and the H1 petition will not be affected.

Q2 What I have gathered is that
2.1) if she applies for H4 in Feb and gets it before April 1 (i.e when her employer applies for H1B) - her employer will need to file for COS from H4 to H1 at the time of filing. Since this would be effective only in October, she can come on her current H4 and stay in US. (In Oct, the status will change automatically)

--- Mostly correct, except that this is applicable if the H1 petition is filed when she is physically present in the US in another status. If she is outside, change of status cannot be filed and 2.2 will apply.

2.2) If she files for her H4 "after" her H1 is approved (say she files in May) - she can travel to US on H4. But either has employer has to file a COS also OR she has to go back to India before her visa interview for her H1B. (btw is this an OR case or does her employer have to file for COS anyway?)

-- That is correct. 'OR' is correct.

Is my understanding of 2.1 and 2.2 correct? In 2.2, would doing it on B2 make sense though I understand that COS from B2 to H1 is harder?

Thanks for your time.

See above.
The entire discussion above is applicable to 'Visa' application. Visa, petition and status are all different things.