Sweta Ch Posted September 29, 2020 Report Share Posted September 29, 2020 Hi, We are currently in India and planning to travel to USA on my H1B. We have a typical situation for the status. Can you please help? 1. I have got stamping for H1B and my wife has got H4 Stamping (stamped in January 2020). We have to travel for the first time to USA. 2. This year my wife also applied for H1B through an employer in USA. Her H1B is approved with a valid start date as in October 1st 2020. 3. Now My employer is sending me to the USA. I am planning to travel in next 15 days. Can my wife travel along with me on H4 visa with out effecting her H1B? What would happen to her approved H1B if she enters USA on H4 visa now? Can she go back to India for getting the stamping done when consulate opens for H1B stamping? Would she need to file for change of Status again? If so, can she do it while in the USA itslef and start working? Please let me know. appreciate your help. Thanks Quote Link to comment
gopalakrishnach Posted September 30, 2020 Report Share Posted September 30, 2020 Can my wife travel along with me on H4 visa with out effecting her H1B? -- I feel yes but at POE they will know she has H1B approved and might lead to few questions... What would happen to her approved H1B if she enters USA on H4 visa now? -- Oct 1st she can start H1B. Can she go back to India for getting the stamping done when consulate opens for H1B stamping? - If needed yes. Would she need to file for change of Status again? - I feel this already done for H4 to H1B. If so, can she do it while in the USA itslef and start working? - I feel yes Quote Link to comment
JoeF Posted September 30, 2020 Report Share Posted September 30, 2020 If she is not in the US there is no COS. She would have to get an H1 visa and use that to enter in H1 status. Quote Link to comment
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