Hi

[raj.ranjit]

Hi,

I am working with employer A and going to USA on H1B in Dec second week. My visa will expire on March 2017.

My wife currently having H1B visa valid till Aug 2017. Recently she had small trip to USA on H1B from March to July 16.

She is currently in India Working with employer B.

Now I want to take my wife and kid with me.

So please help me with some queries.

- Can I fill H4 for my wife as she is having H1b?

- If yes then will she have 2 visas H1B and H4, If no how can I take my wife with me?

[raghvi]

Hi,

I am working with employer A and going to USA on H1B in Dec second week. My visa will expire on March 2017.

My wife currently having H1B visa valid till Aug 2017. Recently she had small trip to USA on H1B from March to July 16.

She is currently in India Working with employer B.

Now I want to take my wife and kid with me.

So please help me with some queries.

- Can I fill H4 for my wife as she is having H1b?

- If yes then will she have 2 visas H1B and H4, If no how can I take my wife with me?

- Yes you can file H4 for her.
- At the Port of Entry show her H4 visa to the officer.

This is my opinion not legal advice.

[raj.ranjit]

Hi

- Yes you can file H4 for her.
- At the Port of Entry show her H4 visa to the officer.

This is my opinion not legal advice.

On her passport both H1B and H4 visa will there or H1 will be cancelled?

[raghvi]

On her passport both H1B and H4 visa will there or H1 will be cancelled?

Depends on the counselor officer.

This is my opinion not legal advice.

[raj.ranjit]

Hi

Depends on the counselor officer.

This is my opinion not legal advice.

If counselor cancel her H1B visa and she traveled on H4 visa with me, Is it possible to work on H1 again after going to USA?

[sanredrose]

If counselor cancel her H1B visa and she traveled on H4 visa with me, Is it possible to work on H1 again after going to USA?

If you switch your wife from H1 to H4, then her current status is H4 when she enters USA. At this point if she gets a job offer, then the new company has to file for H1B (Change of status from H4 to H1). Since she has a previous H1B visa used for less than 6 years, they won't subject her to lottery.

[raj.ranjit]

Hi

If you switch your wife from H1 to H4, then her current status is H4 when she enters USA. At this point if she gets a job offer, then the new company has to file for H1B (Change of status from H4 to H1). Since she has a previous H1B visa used for less than 6 years, they won't subject her to lottery.

Thank you very much for your reply. Could you please help me with some more queries.

1. Is there any time restriction to convert H4 to H1B once H1B cancelled.

2. How much time will it take to do H4 to H1B.