H4-h1

[arajesh19]

Hello~

Please respond if you have an answer to this,

If you are in the US on an H4 visa and a H1B petition is approved, will there be an I-94 attached to the I-797.

My wife's petition has been approved, but I havent got a chance to look at the I797.

Any help is appreciated.

Thanks

Rajesh

[arajesh19]

Hello~

My wife's I-797 does have an I-94 attached to it. Hers was a H4-H1 conversion.

Rajesh

[abhaysachar]

Question on H4-H1?

Hi Rajesh

Did you have to surrender/submit your wife's H4 visa while applying for her
H-1?
Does the H4 status remain after you get H1 or not?

Thanks,
Abhay

[arajesh19]

Hi Abhay,

We dont have to surrender/submit the H4 visa on H1B Petition approval. The I797 comes with an I-94 (if you are in the US) and that takes precedence over the H4 visa I-94. Seniors please correct me if i am wrong here.

Regarding your second question, I am not sure what happens when H1B is not approved. If H1B visa is approved after interview, they stamp the Old visa (in this case H4) as CANCELLED. You cannot have 2 active US visas stamped on your passport at one time. Please ask the seniors or consult an attorney.

No Legal Advice

Rajesh