H4 to H1B Switch and process

[prkprakash]

Hi,

I have H1b and currently Im in US. My wife has H1b visa with stamping and currently she is in India. Im planning to bring her to US and have couple of questions..

1. If she applies for H4, her H1b will be remain valid ?
2. If H1b is valid then she comes to US by H4. Is it possible to switch H1b after sometime ( within H1b valid period) ? If yes, can you please let us know the process.

Appreciate your help in advance.

[raghvi]

Hi,

I have H1b and currently Im in US. My wife has H1b visa with stamping and currently she is in India. Im planning to bring her to US and have couple of questions..

1. If she applies for H4, her H1b will be remain valid ?
2. If H1b is valid then she comes to US by H4. Is it possible to switch H1b after sometime ( within H1b valid period) ? If yes, can you please let us know the process.

Appreciate your help in advance.

1. Most likely, unless the consulate cancels the H1 in her passport, which they generally dont do.
2. Yes. Her employer can file I129 with COS request. It can take 3-6 Months for approval to come and she cannot work before approval comes.

This is my opinion not legal advice.

[prkprakash]

Thanks Raghvi