H1 Petition is approved, but want to travel on H4. Does it override H1?

[HydUser]

Hi,

I filed my H1 in cap-exempt category and got it approved.

But as my spouse is on H1, I want to enter US as H4 and so applying for H4 now.

 

In this case can I use my H1 petition approval  to work in US?

 

Thanks. 

[jairichi]

Hi,

I filed my H1 in cap-exempt category and got it approved.

But as my spouse is on H1, I want to enter US as H4 and so applying for H4 now.

 

In this case can I use my H1 petition approval  to work in US?

 

Thanks. 

Once you enter US on H4 and if your H1B petition is not revoked by employer then you have two options to move to H1B. Either exit and enter with a valid H1B visa and I797 or employer files for COS to H1B and pay H1B fee again.

[itsmeusa]

Once you enter US on H4, you would need to file COS from H4 to H1b. But why would you want to do this? Appear for H1b visa interview, get it stamped and enter on H1b.

[rahul412]

Your employer has to file COS to H1, its better if you enter on H1 to avoid those costs.

[HydUser]

Thanks all. I will do as suggested.