Will H1b be cancelled if applied for COS to H4

[Hary singh]

Hello , We are going to india in Oct-2017 , My wife has approved petition for both H1b and H4. If she go for H1b interview and get it.

1. Can she also get H4 visa stamping once she receive her passport after H1 stamping in one or two weeks , will her H1b get cancelled if she go for H4 visa ?

2. If she only go for H1b visa and get it and does not go for H4 stamping, will her approved petition for H4 be still valid , can she later go to Canada by using same H4 petition for H4 stamping and enter USA on H4, in this case will they cancel her H1b? 

3. If in case my wife just go for H1b stamping and later if she get pregnant then can she apply for COS to H4 without impacting her H1b visa?

What is the best solution in this case to utilize the benefit of both H1b and H4 ( Provided she has approved petition for both H1b and H4 and she is currently working on H4 EAD for an IT company) and she want to continue her H4 job for couple of month and change to H1b once the market is up in March/April 2018.  

[pontevecchio]

I will take it to mean that She has an approved H1 petition and is now in H4 STATUS.

1. WHY would she be doing this? The H1 visa may be cancelled without prejudice.

2. H4 IS not a petition. H4 status is what one gets. Again I ask why? If the H1 employer does not have a job for her and even if money changed hands, have her file a complaint to the DOL.

3. Yes

 

If she wants to be in H4 status she needs to leave and return with a H4 visa. If she wants to be in H1 status she needs to leave and return with a H1 VISA.  Why is her H1 sponsor not expecting her to work for him?