H1 approved after H4 visa interview got scheduled

[Gprasanna11]

Hi Murthy Law Firm,

Greetings!!!

 

About Me and status:

I am currently staying in India.

 

My husband works for ABC company in India and they filed his H1B petition which got approved. Now my husband along with the family members, me and our two children are supposed to attend Visa interview on Dec 10th 2018 in Hyderabad, India.

 

Meanwhile my cap subject H1B petition has been filed for FY 2019 by US firm/Consultancy and is now (nov 2018) Approved.

 

My Questions:

1) Can I attend H4 Visa interview at Hyderabad as per schedule?

2) If so and if my H4 is approved, will I still have my H1B valid after entering US on H4 status?

3) Having said YES to 2nd question, is there a chance for the "Change of Status" which my employer should initiate?

4) Should I cancel h4 visa interview and apply h1 visa interview for any legal reasons

 

please answer.

[pontevecchio]

You should get a H1 visa and come over and report for work. Be aware the employer is responsible to pay you even if there is no current project. Do not be fooled by any arguments by the H1 sponsor to come over in H4 status and then change status as he will undoubtedly make you pay for the H1 petition filing which is involved in a COS.

If the H1 visa is not granted, apply for a H4 visa and come back on approval.

[shekar11#]

7 hours ago, Gprasanna11 said:

Hi Murthy Law Firm,

Greetings!!!

 

About Me and status:

I am currently staying in India.

 

My husband works for ABC company in India and they filed his H1B petition which got approved. Now my husband along with the family members, me and our two children are supposed to attend Visa interview on Dec 10th 2018 in Hyderabad, India.

 

Meanwhile my cap subject H1B petition has been filed for FY 2019 by US firm/Consultancy and is now (nov 2018) Approved.

 

My Questions:

1) Can I attend H4 Visa interview at Hyderabad as per schedule?

2) If so and if my H4 is approved, will I still have my H1B valid after entering US on H4 status?

3) Having said YES to 2nd question, is there a chance for the "Change of Status" which my employer should initiate?

4) Should I cancel h4 visa interview and apply h1 visa interview for any legal reasons

 

please answer.

Best option is to cancel H-4 visa interview and go for a H-1 interview. In case you have any issues you can go for H-4 visa interview.

You can do option 2 also, but again you need to come back and employer has to do a COS and you cannot work until your COS is approved. No premium processing option also until Feb 12th 2019.