Can one of H1b holder travel as H4?

neeraj.ch

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Join Date: Nov 2013

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#1

Can one of H1b holder travel as H4?

07-13-2015, 03:27 AM

Hi My brother and his wife just had a baby and his wife is on maternity leave for quite some time. Both have got their name picked up in H1B lottery this year. Since she will be on maternity leave for 4 months, can she travel as H4 with my brother to US and later convert it into H1B once she decides to join her company back? Any help is highly appreciated.
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shervin143

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Join Date: May 2009

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07-13-2015, 12:10 PM

Yes. The employer will need to file a COS from H4 to H1B and the COS should get approved before she can start working.

Not a legal advice. Use of this information is strictly at your own risk.
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