H4 Validity

[checkmi]

Hi,

Can a person having valid H4 fly to US on his H4, if his H1 is under porcessing?
ie, If his H1 is filed in April and it is under process , so can he fly to US in MAY for say 2 monthns and return before his H1 visa stamping ?

Awaiting your reply
Thanks
Neha

[kabkaba]

Yes, sure.

[checkmi]

H4 Validity

Thanks kakabba
By this do you mean to say that legally this is not advisable ?

Thanks
Neha

[shervin143]

There is nothing illegal about what you are trying to do. If you have a valid H4 visa stamped in your passport, then you can travel to U.S in H4 as long as your spouse is maintining the H1B status. When you are in U.S in H4 status, you should follow the H4 regulations and be a dependent (you should not involve in any kind of work). Once the H1B petition gets approved, you can either travel back to India, get the H1B stamped and return back in H1B visa or ask the same employer to amendment petition to change your status from H4 to H1B and if the amendment gets approved (with a new I-94) then you can work for the H1B sponsor without the need to go out fo U.S and get the H1B stamped. Alternatively, you can fly to U.S in H4 visa, then ask the employer to file the petition when you are in U.S as a COS from H4 to H1B and when that gets approved (with a new I-94) yu can start working as of the H1B effective date.