Traveling on H4 while H1B is in-process or approved

[manupreddy]

Dear friends,

My spouse is currently working in London, I'm planning to apply for H1B visa for her.

a) Can she travel on dependent visa (H4) while her H1B is IN-PROGRESS?

b) If her H1B petition is approved, can she travel on H4 or should she travel on H1B? On which visa she must travel?

Please advise.

[manupreddy]

Once she got H1 stamping, can she travel to US on H1 before October 2013? If she need to travel can she travel on H1 and then change the status to H1 starting Oct? Reason I'm asking is H1s can only start work from Oct and what status will be they be holding when they are in US before Oct

[binoca82]

Before Oct, she must travel on H4.

If she already has H4 stamping, it will be cancelled when she goes for H1 stamping. So she won't be able to travel on H4 if that happens.

If you want to bring your wife here before Oct, the best option seems to be..

1. Travel on H4 to US now

2. When she want to join H1 employer, either process a COS to H1 within US (no need to leave US or get H1 stamped in this case) OR leave US, get H1 stamped abroad and return to US.

[Attorney_25]

The H-4 visa should not be cancelled. Depending on the timing of the H-1B approval and the travel, she may need an H-1B amendment filed once she enters the US in H-4 status. You should plan a strategy with an attorney who knows what happens in various fact permutations.

What do you mean you are applying for her H-1B? Are you going to be her employer? Otherwise, the H-1B is an issue between her and her employer and does not directly involve you.