H1-H4 question

[second221g]

It has been nearly 5 months since I submitted the documents for the 221g that I received during the H1B stamping visa interview.
I got married recently and my wife is in US and wants me to come on H4 visa.
My Current petition of H1b is with USCIS and the message on USCIS website says “A USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you” I have scheduled a Visa Interview for H4b in couple of weeks.

My question is

a) what should I tell the VO if he/she asks me about my h1 petetion ( I have emailed Chennai Consulate that my case is with USCIS and they replied back saying that I can’t cancel my H1b therefore I can go ahead and apply for h4 Visa).
b) If i get H4 stamped and go to US, Can I use my current H1 petition and do a Change of status (COS) in case if my H1B is approved.
c) How many months should I be on H4 before changing to H1b?
d) In case my case gets approved and USCIS sends back the case to Chennai Consulate can I start working in US since H1b is approved and cancel my H4?
e) My employer doesn’t want to give a relieving latter since the case is still with USCIS. Should I take any proof to show the VO that I don’t have any intention to work since I will be going on H4?

[shervin143]

a) what should I tell the VO if he/she asks me about my h1 petetion ( I have emailed Chennai Consulate that my case is with USCIS and they replied back saying that I can’t cancel my H1b therefore I can go ahead and apply for h4 Visa).
>>> Tell the truth. Tell them that you are going to U.S to join your wife and will remian to be a dependent in H4 status. If the admin process is successful, then your will return back to get it stamped.

b) If i get H4 stamped and go to US, Can I use my current H1 petition and do a Change of status (COS) in case if my H1B is approved.
>>> You can do that. You don;t even have to wait for the visa to get approved. If the COS gets approved, you can start working.

c) How many months should I be on H4 before changing to H1b?
>>> No such limit. You can do it anytime.

d) In case my case gets approved and USCIS sends back the case to Chennai Consulate can I start working in US since H1b is approved and cancel my H4?
>>> Visa is just an entry document to U.S. Yo can work without the visa getting approved as long as the COS to H1B gets approved in U.S. H1B visa is required to enter U.S in H1B status and start working immediately without the need for the COS. In case your admin processing is successful and if the consulate request you to bring the passport for stamping, then you can go with your passport to get it stamped and enter U.S in H1B visa and start working.

e) My employer doesn’t want to give a relieving latter since the case is still with USCIS. Should I take any proof to show the VO that I don’t have any intention to work since I will be going on H4?
>>> Not required. But you can do that if you wish. You cannot work in H4 status and making the VO understand that you are aware of that regulation is good.

[second221g]

H1-H4 question

Thanks a lot shervin143 ..

d) In case my case gets approved and USCIS sends back the case to Chennai Consulate can I start working in US since H1b is approved and cancel my H4?
>>> Visa is just an entry document to U.S. Yo can work without the visa getting approved as long as the COS to H1B gets approved in U.S. H1B visa is required to enter U.S in H1B status and start working immediately without the need for the COS. In case your admin processing is successful and if the consulate request you to bring the passport for stamping, then you can go with your passport to get it stamped and enter U.S in H1B visa and start working.

Q.I can also start working as soon as i get the approval since i am in US and go for stamping when ever i want ? Since i will be on H4 i just had to apply for change of status after i get the approval from USCIS?

[kkanthony]

H4 Visa Issue

I got married in year 2005 and my wife came to US on H4.
She passed away in 2009 due to heath issues.
I got married in 2011 Feb and i want to bring my wife US on H4. Since i don't have my passed wife's death certificate how to get my wife H4.

[shervin143]

I am not sure what you mean by apply for a change of status after getting the approval from USCIS. Any employer can file a COS from H4 to H1B and upon its approval, you can start working (The H1B should come with a new I-94). Like I mentioned, visa is just an entry document to U.S. It is required only when you want to re-enter U.S in H1B status.

Q.I can also start working as soon as i get the approval since i am in US and go for stamping when ever i want ? Since i will be on H4 i just had to apply for change of status after i get the approval from USCIS?