H1 and H4 parallel process

[schintha]

Hi,

My H1b is expired and i'm traveling to India in a week. My employer is filing for an extension once i move to India and it will take a month to start the filing. During this period can i apply for H4 and get stamped? If my H1b extension is approved (after H4 stamped) can i enter US on H1b? Can i have both h1 and h4 visas stamped but only enter on H1b?

[NP2020]

I assume your 'H1b is expired' means your H1 Visa Stamp is expired.

With that said, you can apply for H4 based on your spouse H1B. That would be effectively called Change of Status from H1 to H4. So you are no more on H1. If you want to come back on H1b, you have to go for your H1B stamping.

I would recommend you wait for your H1 approval since that seems your priority. Get it premium processing if you need faster. Based on the H1 approval result, you can take decision to come on H1 or H4.

[schintha]

Sorry for the confusion. My H1b Visa stamping is valid until 2019 but my I797 has expired - so I had to leave USA. My employer is filing for an H1b extension with premium processing, this process may take 2 months or longer. While they are doing that, can I go for a H4 Visa stamping and keep it handy. Just in case if the H1B extension didn't work out I can reenter on H4 immediately. Will this H4 visa cancel my previous H1B visa and therefore affect the new H1B extension they are filing? Can I have both H4 and H1B stamped but only enter USA on H1B if extension is approved?

Thanks.