Applying for H1b while on H4 visa

[nisharsuvarna]

Hi,

I have my H1B visa stamped from company X, but currently I am in India as there are no open positions from my project in US. My fiance is already working for the same company on H1B in US.

If I join him as a dependent on H4, what are the options available for me, if I want to work there too. Can my H1B visa can be used in any case?

[pontevecchio]

Yes. You can come over in H4 status and

1. Have a H1 petition approved with COS and start working after approval.

2. You can have a H1 petition approved and leave and come back on the H1 visa after approval.

[shandan]

You would need COS to H1 if you are going to work for the same employer as your H1 in US. If you will work for a different employer then your H1 sponsoring employer, then you would need a H1 transfer with COS.