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Travel on H4 with H1b filed

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  • Travel on H4 with H1b filed

    Hi

    My Wife is in the US on H4 visa (as my dependent), visa expiring August 2016.
    She filed for her H1b, this year and got through the lottery. The visa currently is in the initial review status.
    She wants to travel to India and comeback on H4, before her H1b kicks in from oct 1 2014.

    Considering, this situation what are her options? if :
    1. She travels before she gets the visa approval notice and returns before H1b effective date .
    2. She travels after she gets approval notice and returns before h1b effective date.

    We dont want her to go through the H1b stamping process in India and return before 1st October on dependent visa itself.

    How can this work ? Any ideas ? Suggestions

  • #2
    Originally posted by ashishdeep View Post
    Hi

    My Wife is in the US on H4 visa (as my dependent), visa expiring August 2016.
    She filed for her H1b, this year and got through the lottery. The visa currently is in the initial review status.
    She wants to travel to India and comeback on H4, before her H1b kicks in from oct 1 2014.

    Considering, this situation what are her options? if :
    1. She travels before she gets the visa approval notice and returns before H1b effective date .
    2. She travels after she gets approval notice and returns before h1b effective date.

    We dont want her to go through the H1b stamping process in India and return before 1st October on dependent visa itself.

    How can this work ? Any ideas ? Suggestions
    Option 2 if you dont want her to go for stamping and return on H4 and as well as automatically move to H1 from H1 start date.
    She should travel only after getting approval notice.

    This is my opinion not legal advice.

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