Having H1 B visa and plan to go on H4

[Punitha]

Hi Everyone,

I am staying in India and hold a H1 B visa valid till 2015 Sep. My fiance is working in USA on H1 B visa. We are getting married on October 2014 in India.

My plan is to find a job at my fiance location and travel along with him to US after marriage.

In worst case, if I don't get a job and travel to US on H4, what happens to my H1 status?

Can I still search for a job over there using H1? If yes, do I need to immediately come back to India to change my status from H4 to H1?

[raghvi]

Hi Everyone,

I am staying in India and hold a H1 B visa valid till 2015 Sep. My fiance is working in USA on H1 B visa. We are getting married on October 2014 in India.

My plan is to find a job at my fiance location and travel along with him to US after marriage.

In worst case, if I don't get a job and travel to US on H4, what happens to my H1 status?

Can I still search for a job over there using H1? If yes, do I need to immediately come back to India to change my status from H4 to H1?

You can travel into US using your H4 visa, and search for jobs, if you get one, ask the employer to file a Change Of Status from H4 to H1. If that is approved, you must work and get paid by that employer from the COS date. You dont need to travel to India to change Status if USCIS approves the COS. If USCIS does not then yes you would have to travel outside US, and re enter US on your H1 visa this time.

This is my opinion not legal advice.

[Punitha]

You can travel into US using your H4 visa, and search for jobs, if you get one, ask the employer to file a Change Of Status from H4 to H1. If that is approved, you must work and get paid by that employer from the COS date. You dont need to travel to India to change Status if USCIS approves the COS. If USCIS does not then yes you would have to travel outside US, and re enter US on your H1 visa this time.

This is my opinion not legal advice.

Thanks a lot for the information