H4 to H1B Visa Processing Clarification

[RachV]

Hi,

I am getting married and planning to bring my wife to the US on Dependant Visa (H4). She is currently working and has a valid H1B petition approved.(visa not stamped). She is planning for a 4 months vacation from her current employer, to stay with me in USA. Also planning to see if she can work in the US with current employer or new employer, once she comes on H4.

Can you please help in the below clarifications, also kindly help in understanding anything else that needs to be consider.

• Would there be any issues if she attends the visa interview for H4( as dependant, with my employer A) in India with a valid H1B approved petition (her employer B)?
• Would her H1B approved petition gets cancelled once she gets a H4 visa stamped ?
• Would she be able to change her visa status from H4 to H1B and work, if she comes to USA on H4 dependant visa for vacation?
• If her visa status changes from H4 to H1B in the USA, does she has to go to India for visa stamping before she starts working in the USA.

thank you very much.

[raghvi]

Hi,

I am getting married and planning to bring my wife to the US on Dependant Visa (H4). She is currently working and has a valid H1B petition approved.(visa not stamped). She is planning for a 4 months vacation from her current employer, to stay with me in USA. Also planning to see if she can work in the US with current employer or new employer, once she comes on H4.

Can you please help in the below clarifications, also kindly help in understanding anything else that needs to be consider.

• Would there be any issues if she attends the visa interview for H4( as dependant, with my employer A) in India with a valid H1B approved petition (her employer B)?
• Would her H1B approved petition gets cancelled once she gets a H4 visa stamped ?
• Would she be able to change her visa status from H4 to H1B and work, if she comes to USA on H4 dependant visa for vacation?
• If her visa status changes from H4 to H1B in the USA, does she has to go to India for visa stamping before she starts working in the USA.

thank you very much.

1. No issues as long as you are maintaining valid H1 status. Her H1 should not negatively impact the H4 decision.
2. Only USCIS and the employer can cancel the petition. If cancelled/revoked by employer she would still be eligible for a cap exempt petition through another employer. She needs to get the approved petition from current employer.
3. Yes.
4. Not required if applied and approved as COS.

This is my opinion not legal advice.

[RachV]

1. No issues as long as you are maintaining valid H1 status. Her H1 should not negatively impact the H4 decision.
2. Only USCIS and the employer can cancel the petition. If cancelled/revoked by employer she would still be eligible for a cap exempt petition through another employer. She needs to get the approved petition from current employer.
3. Yes.
4. Not required if applied and approved as COS.

This is my opinion not legal advice.

Hi Raghvi,

Thank you very much for the response.

can you please clarify the below understanding as well,

1.Is it mandatory to get the original hardcopy of approved petition from the current employer or soft copy with approval id is sufficient ?
2.When eligible for cap exempt and in the event of new employer filing, she might not be having any recent past US pay stub to be produced, is it required or can she produced her recent Indian pay stub.

Thank you very much.