Abhishek Pratap Posted July 26, 2018 Report Share Posted July 26, 2018 My Wife is having H1b Visa which was filed on 2015. She was in US for 1 year on 2016. Now she is in India. Recently company filed her amendment which got rejected due to speciality occupation issue. I am in US in H1b. Now my question is Can she come on my dependent visa(H4)? If yes, then what will happen to her H1b? Also, once she is in US on H4, can she get job here on her existing H1b and get that transfered and start working. Will it require her to leave country and come back? Link to comment
satya2k1 Posted July 27, 2018 Report Share Posted July 27, 2018 17 hours ago, Abhishek Pratap said: My Wife is having H1b Visa which was filed on 2015. She was in US for 1 year on 2016. Now she is in India. Recently company filed her amendment which got rejected due to speciality occupation issue. Once petition/amendement is rejected her H1B is gone. I am in US in H1b. Now my question is Can she come on my dependent visa(H4)? Yes, she can enter USA with valid H4 visa.If yes, then what will happen to her H1b? She doesn't have H1B, because the amendment is rejected and no active H1B petition is in process. That H1B is gone. Also, once she is in US on H4, can she get job here on her existing H1b and get that transfered and start working. Once she gets a job, her employer have to file a H1B petition and request Change of Status from H4 to H1B. Will it require her to leave country and come back? If her COS is approved, then she doesn't have to leave the country. But remember, she is not authorized to work until her h1B is approved. Link to comment
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