H4 processing with I140 approved

[Sandhya02]

Hi,

I have maxed out my 6 years of H1B  in Aug 2020 and I am in India since then. My I140 approved in Nov 2020.  My employer is not initiating out of CAP H1B as of now. My spouse is in USA and has valid H1B. He is ready to do H4 processing for me. 

a. Will there be any problem if I travel with H4 as my 6 year visa maxed out in Aug 2020? Is there any cool off period to travel to USA with another visa?

b. Will be there any issue in case  my employer initiates H1B after my H4 is stamped? 

Thanks,

Sandhya

 

[Zodiac System]

You should be able to travel to US with your H4 stamp.  Your employer can do a COS and initiate your H1b, using your previous approvals and I-140.

[gopalakrishnach]

A. I guess you can get H4. Since I140 is approved no need to cool off I guess.

B. I guess no.

[LeaveMessageH1B]

a. no

b. no