Can We have H1B and H4 VISA together??

[Khushmeh03]

I am in US since last year on H4, my spouse is on HIB, our visa was expiring sep 03 2015, my spouse organization applied extension in premium and i got H4 approved extension till oct 2016 with valid I-94. Also i applied for H1b and got approved on oct 27th 2015, I have received my Petition too, valid till oct 2018 with valid I-94. My both Visas (h4 and H1b) still pending to stamped on passport, only expired h4 visa stamp is there on my passport yet. Now we got an emergency in family in our home country and have to travel for a month, before entering in US i need to go for stamping. Following are the question as per above situation.

1- Can I get visa stamp for both H4 and H1B?
2- If i go for only H4 stamp, will my H1b cancelled? or vise-verse?
3- As my H1b has came, is my H4 is automatically cancelled?
4- Can i check somewhere that what is my visa current status in US?

[raghvi]

I am in US since last year on H4, my spouse is on HIB, our visa was expiring sep 03 2015, my spouse organization applied extension in premium and i got H4 approved extension till oct 2016 with valid I-94. Also i applied for H1b and got approved on oct 27th 2015, I have received my Petition too, valid till oct 2018 with valid I-94. My both Visas (h4 and H1b) still pending to stamped on passport, only expired h4 visa stamp is there on my passport yet. Now we got an emergency in family in our home country and have to travel for a month, before entering in US i need to go for stamping. Following are the question as per above situation.

1- Can I get visa stamp for both H4 and H1B?
2- If i go for only H4 stamp, will my H1b cancelled? or vise-verse?
3- As my H1b has came, is my H4 is automatically cancelled?
4- Can i check somewhere that what is my visa current status in US?

1. Technically yes, but you need to attend visa stamping twice and pay fees twice for that.
2. I dont think so, but its at the discretion of the consulate.
3. Seems your H1 came with a new I-94 hence it seems to have been applied as COS. Did H4 extension come before H1? if yes then you would be on H1 and must be working and getting paid by H1 employer otherwise you are in H4 and should not be working for the H1 employer.
4. I dont think so. With having both H4 extension and H1 applied in parallel, its caused this confusion. Only USCIS can confirm as to what your status is currently.

This is my opinion not legal advice.

[Ashwini_naren]

H4 Extension delayes

Hi,
I need some clarification on H4 Visa.. My H4 is expiring on Dec 11th.Since my employer filed H1B for me, i decided not to file H4 ealier. But now my employer is saying he cannot offer me a job right now and asking me to continue in H4.
What should i do now..

Thanks,
Ashwini

[shervin143]

Was your H1B approved? If YES, what is the H1B effective date?

Hi,
I need some clarification on H4 Visa.. My H4 is expiring on Dec 11th.Since my employer filed H1B for me, i decided not to file H4 ealier. But now my employer is saying he cannot offer me a job right now and asking me to continue in H4.
What should i do now..

Thanks,
Ashwini