H1 / H4 issue

[BSAHA]

I am in US on H1B visa . My wife is in India , she holds a H1 B petition valid thru Oct 2014 -Sep2017. Her company is yet to find an onsite opportunity , hence her stamping is not done.


Q > If she comes to US on H4 visa , what would be the fate of her H1 B petition ? Will it get void ?

Q > Incase her H1B is void ? Can she qualify for Cap - Exempt H1B transfer ?

Need your urgent advise.

[DMX17]

She will be on H4 if she enters on H4. Search the internet for "H4 EAD". H4 folks will be able to obtain work authorization under Obama Executive Action. The rule is expected to be out by Feb 2015. Add 2-3 months more for actual implementation of the rule.

Her H1 petition remains valid for the dates mentioned however she cannot just start working on H1 if she enters on H4. She either has to enter using H1 visa or apply for change of status from H4 to H1 in the USA.