Travel on H4 while h1b is Adminstrative processing 221g

[TSKumar]

After gone through many immigration forums, I felt murthy law firm solutions pertaining to Non immigration are precise and works as better for non-immigrant like us. Hence with that believe I just posted few questions to proceed further on my kid and wife travel on H4.

 

1. My wife is in India she has an H4 visa (Validity Sep 2017), but her H1B is in administrative processing (For Project details)  from Apr 2017 and her 1-797 Validity till December 2017

   Can my wife travel on H4  while her H1B is administrative processing?  Will it be any impact or questions at Port of entry ?

2. She got H4 when I was working with the first employer after that I have changed two employers, now she has planned to come to USA with existing H4 Visa,  Will it be any impact or questions at Port of entry?

3. Once she reached here, can she file a change of status from H4 to H1 and work for existing employer though the H1B case is pending in Administrative processing?

4. Can she file a new petition under CAP exemption to some other employer before her I-1797 validity (December 2017)

5. If she can file a new petition with other employer, what if the existing I-179 expired prior to get reply or approval from USCIS and what will happen to the new petition filed which has not yet approved or waiting for approval?

6. What should I do  in order to maintain her under CAP exemption in case if the administrative processing takes maximum of 12 months to reply, mean while if her current 1-791 Expired.

 

S Kumar.

 

[AvnishM]

Hi S kumar,

I am in a same situation , did your wife travel on H4 to USA ?

did she face any issue at Port of entry in USA?

Your reply on this will be really helpful

Thanks,

Avnish