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H4 and H1 visas - Seniors please help...

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  • H4 and H1 visas - Seniors please help...

    I am on H1B visa (in USA) and my wife has valid H4 visa (in India right now).
    she plans to apply for H1B this April 2008 quota being in India itself. If her name gets selected in the H1B lottery then she will attend H1 visa interview in India in october 2008.

    My question:-

    1) If she clears H1B visa interview then will they cancel the H4 visa which she currently got in her passport?

    2) If she doesn't clear H1B visa interview will she be able to work in USA after coming to USA using her H4 because she will have valid H1B approval document with her.

    Please clarify

  • #2
    2) --> You cannot work if you dont get through the visa-interview and your approval document also becomes invalid.My understanding is on H4 you cannot work.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

    Comment


    • #3
      z
      Originally posted by kvp_rsp
      I am on H1B visa (in USA) and my wife has valid H4 visa (in India right now).
      she plans to apply for H1B this April 2008 quota being in India itself. If her name gets selected in the H1B lottery then she will attend H1 visa interview in India in october 2008.

      My question:-

      1) If she clears H1B visa interview then will they cancel the H4 visa which she currently got in her passport? probably YES
      2) If she doesn't clear H1B visa interview will she be able to work in USA after coming to USA using her H4 because she will have valid H1B approval document with her.
      Her approved H1 petition is just a piece of paper, does not have nay value unless it got stamped in the pp and enter US get I 94 card with caveat "H1B".

      But she can enter before april 1, 2008 and apply H1 as COS as H4 to H1, then she can work without obtaing any visa.


      Please clarify

      Comment


      • #4
        Thank you GreatGuru and Topcatin

        Assuming she applies for H1 being in India and she doesn't go for H1 visa interview, can she come to US with her H4 visa and then use the approved H1to apply for change of status? will they approve such cos?

        Comment

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