H4 interview When H1 B petition is approved.


chandraagnth

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Hi,

   Currently i m in US. My spouse is in India and her employer filed H1b for her and it got approved.

My spouse is not willing to work now and she needs to take a break.

I'm planning to process her H4 by my employer.

 

1. Will it have any impact to her H1 B  approved petition.

2. Will she face any issue in H4 interview due to the approved petition ? 

3. IF she come in H4 will the H1b petition be valid ? Whether her employer can process the COS from H4 to H1 when she is planning to work ? 

 

Please let me know .

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Hi,

   Currently i m in US. My spouse is in India and her employer filed H1b for her and it got approved.

My spouse is not willing to work now and she needs to take a break.

I'm planning to process her H4 by my employer.

 

1. Will it have any impact to her H1 B  approved petition.

2. Will she face any issue in H4 interview due to the approved petition ? 

3. IF she come in H4 will the H1b petition be valid ? Whether her employer can process the COS from H4 to H1 when she is planning to work ? 

 

Please let me know .

Urgent 

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H4 is NOT employer dependent. She can apply for a H4 visa based on your valid H1 status.

 

1. Why would you think so? NO

2. Any H4 issues will be based on the CREDIBILITY of your H1 status alone.

3. Yes. But a COS from H4 means paying money for another H1 petition which is supposed to be by the employer. She can always leave and return with the H1 visa.  Would there be a problem getting the H1 visa?

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