Can I go for H4 stamping when I already have my H1B petition approved ?

[sampinkslip]

Hi,

Myself and my wife both have H1B petitions(from different companies). As my wife is going for stamping in the first week of July can I also go for dependent stamping with her (H4) ? As my company is not yet ready to send me for H1B stamping will H4 cause any issues when I go for my own H1B stamping ? Please help me in this regard.

Thanks,

Sam

[SameerH1Bworker]

No problem at all.

[wiweq]

Technically you can get H4 stamping, but prepare the answer the questions about your daily activities in USA, like, do you work or study? If you are on H1b why you need H4...etc.?

What do you mean by: As my company is not yet ready to send me for H1B stamping…

Are you planning to get H4 and do COS to H1b while you are in USA. Remember COS take 2-3 months and meanwhile you can’t work on H1b.

[SameerH1Bworker]

Technically you can get H4 stamping, but prepare the answer the questions about your daily activities in USA, like, do you work or study? If you are on H1b why you need H4...etc.?

What do you mean by: As my company is not yet ready to send me for H1B stamping…

Are you planning to get H4 and do COS to H1b while you are in USA. Remember COS take 2-3 months and meanwhile you can’t work on H1b.

if H1B with COS filed in Premium processing then it takes max 15 days, not 2-3 months.

[wiweq]

"if H1B with COS filed in Premium processing then it takes max 15 days, not 2-3 months."'

=> Filing H1b with COS can be done is PP. There is no PP for JUST COS from H4 to H1b, the case I was talking about.

[livliv]

"if H1B with COS filed in Premium processing then it takes max 15 days, not 2-3 months."'

=> Filing H1b with COS can be done is PP. There is no PP for JUST COS from H4 to H1b, the case I was talking about.

It is still I-129 and PP may be available for that. Although, it is I-129 amendment and not new petition.

Sampinkslip

Having applied for an H4 Visa in the past will not affect your future H1 Visa applications. Go ahead with your plan.

If your employer wants you to work for them in the US in future, they can simply amend their petition to change your status to H1B and after that is approved, you can start working for them. Otherwise, another employer can file a cap-exempt petition for you at any time. (This is irrespective of whether you are in the US, you have H4 Visa or not).