First time travel from India to USA on H4 with approved H1B

[SunnyKS]

Hello,

H1B visa for my fiance is filed in the current year 2017. It's been picked in the lottery and awaiting approval. I am thinking for her travel to USA on H4 visa (Not sure how much time her employer might take for the travel on H1B, once approved) in Nov 2017, for which I need some clarifications/help.

1. Can she get her H4 visa stamped and travel to USA with already approved H1B on her name (Considering her H1B gets approved before H4 visa stamping/travel)?
2. With respect to question 1, what if her H1B is in awaiting approval status?
3. Will H4 stamping & travel violate or make her approved H1B null & void?
4. If the answer to question 1 is yes, then can her employer file a status change to H1B while she is in USA or will she has to go back and travel back again to USA on H1B visa only?

As per her employer she can travel to USA on H4 visa with approved H1B on her name and then get the status change within USA whereas, my employer who is to file her H4 contradicts it saying that, her H1B will become null & void if she travels on H4 visa with approved H1B on her name.

My friend recommended Murthy's forum to get best answer. Please guide me on my concerns ! Appreciate the help !

[shekar11#]

58 minutes ago, SunnyKS said:

Hello,

H1B visa for my fiance is filed in the current year 2017. It's been picked in the lottery and awaiting approval. I am thinking for her travel to USA on H4 visa (Not sure how much time her employer might take for the travel on H1B, once approved) in Nov 2017, for which I need some clarifications/help.

1. Can she get her H4 visa stamped and travel to USA with already approved H1B on her name (Considering her H1B gets approved before H4 visa stamping/travel)?
2. With respect to question 1, what if her H1B is in awaiting approval status?
3. Will H4 stamping & travel violate or make her approved H1B null & void?
4. If the answer to question 1 is yes, then can her employer file a status change to H1B while she is in USA or will she has to go back and travel back again to USA on H1B visa only?

As per her employer she can travel to USA on H4 visa with approved H1B on her name and then get the status change within USA whereas, my employer who is to file her H4 contradicts it saying that, her H1B will become null & void if she travels on H4 visa with approved H1B on her name.

My friend recommended Murthy's forum to get best answer. Please guide me on my concerns ! Appreciate the help !

1. Yes she can go for H-4 stamping.

2. No issues.

3. No, but once in US she can apply for COS.

4. Employer can apply COS when she is in US.

My best suggestion is to run your questions by murthy law firm once to be 100% sure so that you we are not missing any important point.

[satya2k1]

On 8/16/2017 at 9:15 AM, SunnyKS said:

Hello,

H1B visa for my fiance is filed in the current year 2017. It's been picked in the lottery and awaiting approval. I am thinking for her travel to USA on H4 visa (Not sure how much time her employer might take for the travel on H1B, once approved) in Nov 2017, for which I need some clarifications/help.

1. Can she get her H4 visa stamped and travel to USA with already approved H1B on her name (Considering her H1B gets approved before H4 visa stamping/travel)? You cannot apply for H4 visa, because H4 is for dependents.  you should apply for K visa, fiance if you are the US citizen, if not, then she can apply for visitor visa.
2. With respect to question 1, what if her H1B is in awaiting approval status? Your fiance is not a dependent, so you cannot apply for H4.  if she wants to travel then she can apply for visitor visa if she doesn't want to wait till her H1 approval.
3. Will H4 stamping & travel violate or make her approved H1B null & void?  There is no question of H4, unless you get married and she become a dependent on H1 spouse.
4. If the answer to question 1 is yes, then can her employer file a status change to H1B while she is in USA or will she has to go back and travel back again to USA on H1B visa only?

As per her employer she can travel to USA on H4 visa (if primary H1 is spouse) with approved H1B on her name and then get the status change within USA whereas, my employer who is to file her H4 contradicts it saying that, her H1B will become null & void if she travels on H4 visa with approved H1B on her name.

My friend recommended Murthy's forum to get best answer. Please guide me on my concerns ! Appreciate the help !

 

[SunnyKS]

Hello Satya2k1, 

Thanks for taking sometime out responding to my queries. 

Apologies for not mentioning specifically that I will be getting married in Nov-2017 (Currently not married so used the word fiance), which is why I am asking questions about H4 and H1B visas :)