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**Subramanya** · 07-29-2009, 08:37 PM

Need your expertise. Please help me out to know if H4 be applied while H1B petition is in approved status (Note: H1B Visa stamping not done yet and will be done when stamping window opens in October, its only Approved by Immigration authorities).

My wife is working with XYZ company in India currently. Her H1B had been applied this year as fresh petition and today she got mail that her H1B is “Approved By Immigration Authorities”.

I have a specific query:
I am currently in US for last 3 months on H1B. Since my wife's H1B is approved now, can she join me in US by applying for H4 now and stay with me for next 2 months. Would US consulate cancel her H1B visa when she goes for H4 visa stamping? i.e. as her H1B is already approved if she goes for H4 visa stamping now is there a chance that her H1B will be cancelled? We do not want to get H1B cancelled at any means. Her H1B Visa stamping is scheduled to happen during October 2009. Right now her H1B is only in “Approved by Immigration” status.

Pls let me know how do I find out whether or not she can apply for H4 visa or not in our case. Is there a possibility that I can call US Consulate here for this inquiry.

---- It is simple. If your wife want to come to US on H4, apply for the H4 visa at the US Consulate of the Jurisdiction of her Passport, get teh H4 stamped and come to US. Later you cna do a H4 to H1 COS and continue working. However, speak to the company about the job as they have sponsored the H1

---- US consulate will not cancel the H1 petition and it will be valid

---- What do you mean by "Her H1B Visa stamping is scheduled to happen during October 2009."?

Subramanya

**chakse** · 07-29-2009, 09:56 PM

Hi Subramanya,

I meant that my wife's H1B has been processed this year as fresh petition. Hence her H1B visa stamping date will be around October this year. Now that she has received approved H1B visa from immigration authorities and 3 months are left for h1b visa stamping, can she go ahead and apply h4 visa and join me in US. if she goes for H4 visa stamping now, will US consulate cancel her H1B?

she is in India now. she has never come to US. this is the first time her H1B is applied.

**Subramanya** · 07-30-2009, 06:48 AM

I meant that my wife's H1B has been processed this year as fresh petition. Hence her H1B visa stamping date will be around October this year. Now that she has received approved H1B visa from immigration authorities and 3 months are left for h1b visa stamping, can she go ahead and apply h4 visa and join me in US. if she goes for H4 visa stamping now, will US consulate cancel her H1B?

she is in India now. she has never come to US. this is the first time her H1B is applied.

---- The question is just repeated. You need not wait till Oct to apply for H1 Visa, this can be applied in Sept.

---- Once again in the meantime if your wife want to apply for H4 visa and come to the US she can do so. But she will enter US on H4 and with a I-94 valid for H4 only.

---- As of now she does not have a H1 visa and the only document that she has is H1 petition (both are different) and if it is not yet received form USCIS, you will get it shortly as you say it has been approved. A visa is stamped on a Passport and USSCIS does not give visas

Subramanya

---- It is understandable that the H1 is active only from Oct. 09 as far as the job is concerned

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Can H4 be applied while H1B petition is in approved status but VISA stamping not done

Can H4 be applied while H1B petition is in approved status but VISA stamping not done

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Can H4 be applied while H1B petition is in approved status but VISA stamping not done

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