My Wife is holding both H1B and H4

[Gaurav Jain]

My Wife is holding both H4 (through My organisation - March 2013) & H1B (her own organisation - Nov 2013) . At this moment she is in India, now I am planning to bring her to US on H4 VISA for one & Half month (just to be with me, not for work) till the time her employer in India complete all formalities of her US Project which is expected to be start on 1st Feb, 2014.

So question is,

1) How can i check the validity of H4 VISA as I doubt if H1B has not override the H4 VISA
2) Is this feasible, I mean Can I call her on H4 VISA despite of the fact that she is holding valid/stamped H1B VISA & hope travelling on H4 will not impact H1b in future.

[raghvi]

My Wife is holding both H4 (through My organisation - March 2013) & H1B (her own organisation - Nov 2013) . At this moment she is in India, now I am planning to bring her to US on H4 VISA for one & Half month (just to be with me, not for work) till the time her employer in India complete all formalities of her US Project which is expected to be start on 1st Feb, 2014.

So question is,

1) How can i check the validity of H4 VISA as I doubt if H1B has not override the H4 VISA
2) Is this feasible, I mean Can I call her on H4 VISA despite of the fact that she is holding valid/stamped H1B VISA & hope travelling on H4 will not impact H1b in future.

1. If H4 is not cancelled in passport it is still valid.
2. Yes it is allowed.

A person can hold multiple visas in ones passport. Each visa has its own expiry date and one can use that visa till the individual expiry date.

While entering US the person is asked for the purpose of travel and should show the corresponding visa. So your spouse, if planning to enter US using her H4 visa should show the H4 visa and your petition details. If allowed entry her status in US will be H4 and thats what would be noted on the I-94.

In order for her to move from H4 to H1 while in US her employer would have to file a H4 to H1 Change Of Status request to USCIS.
OR
She can leave US and enter on H1 which her employer's petition details.

Once on H1 she should work and get paid only with her H1 employer otherwise she will go out of status.

This is my opinion not legal advice.

[Gaurav Jain]

My Wife is holding both H1B and H4

1. If H4 is not cancelled in passport it is still valid.
2. Yes it is allowed.

A person can hold multiple visas in ones passport. Each visa has its own expiry date and one can use that visa till the individual expiry date.

While entering US the person is asked for the purpose of travel and should show the corresponding visa. So your spouse, if planning to enter US using her H4 visa should show the H4 visa and your petition details. If allowed entry her status in US will be H4 and thats what would be noted on the I-94.

In order for her to move from H4 to H1 while in US her employer would have to file a H4 to H1 Change Of Status request to USCIS.
OR
She can leave US and enter on H1 which her employer's petition details.

Once on H1 she should work and get paid only with her H1 employer otherwise she will go out of status.

This is my opinion not legal advice.

Thanks Raghvi,, I am also having the same opinion but after posting my initial post, I talked to CBP & as per them a person cannot hold two VISAs of same category. So I am confused again

[raghvi]

H1 and H4 are different categories of visas. What CBP meant was one cannot have two valid H4s, or Two H1s or Two L1s etc.... in the passport.

This is my opinion not legal advice.

[Gaurav Jain]

Thanks Raghvi