H4 after H1B approval

[Abirami K]

Hi All,

Need advice and guidance. My employer filed a cap exempt H1B petition ( based on my I140 approval) last year and it got approved on feb 26th. I am in India and

[rkk09]

Hi,
could you please complete your question? I can help you, once you post your question clearly..
Thanks..

[Abirami K]

Sorry the post got submitted before I could submit the full question.

here's the full question

Hello All,

Need guidance. My employer filed a H1B cap exempt petition ( based on my i140 approval) last year and it got approved on Feb 26th 2021. I am currently in India and waiting for the hard copy to get visa stamped. visa expired Sep 2019. It's been 6 weeks since approval but as per employer/attorney they have still not received petition hard copy. I am worried that it may have been lost in which case I believe attorneys will have to file I824 which will again take upto 6 months. Due to family circumstances I need to travel at the earliest as my spouse is working in US with his own H1B. My query is, while I have this approved petition can I get a h4 visa based on my husbands H1B and travel. What happens to this approved H1B petition? How should I resume working once the petition hard copy is received? Thanks in advance!

[rkk09]

Hi,
In order to go for H1B Visa stamping you will need H1B Approval notice.. In your case, if you have not received Approval copy yet, then you can raise a service request to check the status on that.. Please reach out your Attorney/Employer to take action on this.
Meanwhile, you can get H4 visa stamping and enter to USA. As per my knowledge, there is having two options once you reach to USA.
1. You can file another H1B petition with change of status request OR
2. Again go for H1B visa stamping to change the status.
Thanks

[Abirami K]

Thank you rkk09. Will do as recommended.