Having both H4, H1. But no project till date from employer. Can I travel on H4 ?

[sarojpanigrahy]

Hi,

 

I working for company XYZ on H1B since Feb 2014. My spouse has the H4 stamped during the same time.

 

Then we have filed her H1B and she had the H1B stamping done in 1st week of Oct 2014.

Now as her employer has no clue on the project requirement and hence she is still in India.

My queries are :

 

1. Is the H4 which is stamped in Feb 2014 is still valid ?

 

2. If yes, can she travel on H4 now, without having any bad impact on her approved and already stamped H1B ?

 

3. During her stay here in US once she comes on H4, if somethings gets finalized reg her project, what are the different ways she can start working on H1B ?

 

Regards

Saroj

[jairichi]

1. If it is not canceled by US consulate it is still valid.

2. Yes.

3. She exits and enters with a valid H1B visa and I797 or employer files a COS to H1B and pay H1B fee again.

[rahul412]

 

 

1. Is the H4 which is stamped in Feb 2014 is still valid ?

 

2. If yes, can she travel on H4 now, without having any bad impact on her approved and already stamped H1B ?

 

3. During her stay here in US once she comes on H4, if somethings gets finalized reg her project, what are the different ways she can start working on H1B ?

 

1. Yes

2. Yes

3. Employer has to file H1 again.

[sarojpanigrahy]

Hi Jairichi,

 

Thanks for your response.

 

She has both the visa stamped on her passport. How do we know if the H4 is cancelled or not ?

If she enters on H4, will it impact her already stamped H1B visa ?

 

And as you said, she has to exit the country and enter again on a valid H1B.

Is the already stamped H1B will work or she has to go back to India and do the stamping again for H1B ?

 

Regards

Saroj

[jairichi]

Hi Jairichi,

 

Thanks for your response.

 

She has both the visa stamped on her passport. How do we know if the H4 is cancelled or not ?

If she enters on H4, will it impact her already stamped H1B visa ?

 

And as you said, she has to exit the country and enter again on a valid H1B.

Is the already stamped H1B will work or she has to go back to India and do the stamping again for H1B ?

 

Regards

Saroj

 

1. If canceled by US consulate it will be mentioned "Canceled without prejudice".

2. No.

3. Already stamped visa will work as long as US consulate does not do the action mentioned in 1.

[sarojpanigrahy]

Hi Jairichi,

 

Thanks a lot for your reply. We have checked her passport, there is no "Cancelled without Prejudice" stamp on the existing H4.

So she has valid H4 and H1B. Now if she comes on H4, can they cancel the H1B at port of entry ?

 

I mean, Is it possible to do "Cancel without Prejudice" other than the US consulate ?

 

Regards

Saroj

[jairichi]

Hi Jairichi,

 

Thanks a lot for your reply. We have checked her passport, there is no "Cancelled without Prejudice" stamp on the existing H4.

So she has valid H4 and H1B. Now if she comes on H4, can they cancel the H1B at port of entry ?

 

I mean, Is it possible to do "Cancel without Prejudice" other than the US consulate ?

 

Regards

Saroj

I do not think they will cancel at POE.