Vaild H4 and H1B cisa..travellig this week.?

[ash123beav]

can any one please help me, My wife is travelling this coming monday and we both don't know what should we do.

the thing is my wife's has an valid H1b from her employer and recently since we have a child we decided to go for an H4 ( on my H1B, am in USA currently).

Now there employer confirm her a project in USA and they want her to come on H1B so what can we do now?

1) Is it possible she can travel on H1B and my child on H4 visa?
2) It is possible which will be best for me is she come on H4 Visa and apply for COS so that it will take atleast a month for her to start an job?
3) how much time the COS will take she has an startdate for august end?

I will be really thankfull ..if any one can help us in this situation.

[shervin143]

1) Is it possible she can travel on H1B and my child on H4 visa?
>>> Yes.

2) It is possible which will be best for me is she come on H4 Visa and apply for COS so that it will take atleast a month for her to start an job?
>>> It depends on what she want to do. When is her H1B effective date? She can enter U.S in H1B visa only 10 days prior to her H1B petition effective date. If the petition is effective on or aftre Oct 1st, she cannot enter in H1B now. Also, if she enters U.S in H1B visa, then she should be working and getting paid from day 1 of her H1B status. If she doesn't get paid, she will go out of status on H1B. If she doesn't want to work immediately after entering U.S, then the best option is to enter in H4 visa and file a COS to H1B later. She won't be able to work until the COS gets approved (with a new I-94) and her status chnages to H1B.

3) how much time the COS will take she has an startdate for august end?
>>> It will take 2-3 months by normal process and 15 days by premium to get the decision. If the COS gets denied, then she will have to leave the country and return back in H1B visa.

[ash123beav]

1) Is it possible she can travel on H1B and my child on H4 visa?
>>> Yes.
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2) It is possible which will be best for me is she come on H4 Visa and apply for COS so that it will take atleast a month for her to start an job?
>>> It depends on what she want to do. When is her H1B effective date? She can enter U.S in H1B visa only 10 days prior to her H1B petition effective date. If the petition is effective on or aftre Oct 1st, she cannot enter in H1B now. Also, if she enters U.S in H1B visa, then she should be working and getting paid from day 1 of her H1B status. If she doesn't get paid, she will go out of status on H1B. If she doesn't want to work immediately after entering U.S, then the best option is to enter in H4 visa and file a COS to H1B later. She won't be able to work until the COS gets approved (with a new I-94) and her status chnages to H1B.

{Ashbeav} :- Yes her H1B is effective since january 2012.

3) how much time the COS will take she has an startdate for august end?
>>> It will take 2-3 months by normal process and 15 days by premium to get the decision. If the COS gets denied, then she will have to leave the country and return back in H1B visa.

{Ashbeav} :- ok so she can work right after COS, someone from the company told me that after you take H4 visa than your H1B visa will get void is it true????

[ash123beav]

1) Is it possible she can travel on H1B and my child on H4 visa?
>>> Yes.

2) It is possible which will be best for me is she come on H4 Visa and apply for COS so that it will take atleast a month for her to start an job?
>>> It depends on what she want to do. When is her H1B effective date? She can enter U.S in H1B visa only 10 days prior to her H1B petition effective date. If the petition is effective on or aftre Oct 1st, she cannot enter in H1B now. Also, if she enters U.S in H1B visa, then she should be working and getting paid from day 1 of her H1B status. If she doesn't get paid, she will go out of status on H1B. If she doesn't want to work immediately after entering U.S, then the best option is to enter in H4 visa and file a COS to H1B later. She won't be able to work until the COS gets approved (with a new I-94) and her status chnages to H1B.
{Ashbeav} :- Yes her H1B is effective since january 2012.
3) how much time the COS will take she has an startdate for august end?
>>> It will take 2-3 months by normal process and 15 days by premium to get the decision. If the COS gets denied, then she will have to leave the country and return back in H1B visa.

{Ashbeav} :- ok so she can work right after COS, someone from the company told me that after you take H4 visa than your H1B visa will get void is it true????

[shervin143]

Visa and petition are two different things. Visa is the one stamped in your passport. If you Get the H1B visa stamped and then if you appear for the H4 visa stamping, then they will most likely cancel the H1B before issuing the H4 (and Vice Versa). That doesn't mean the H1B petition is cancelled.

{Ashbeav} :- ok so she can work right after COS, someone from the company told me that after you take H4 visa than your H1B visa will get void is it true????