Travelling to US on a different visa (H4/B2) with H1-B approved ?

[TravelQuestions]

Hi,

I've a valid H1-B stamped (Jan 2013) with a huge MNC in India, however my onsite travel has been getting delayed due to project availability and there's no guarantee on when I'll be able to travel to the US. I've recently gotten married with my husband working in the US and hence I would like to travel before the on-site plan confirms.

Does any of the following options work and are valid :

1) Get a H-4 and then travel to the US. Since I won't have to go through the quota, I should be able to start work once I get a new job and the petition gets approved. I'm still looking at 1-2 months at minimum for this to work.

2) Get a B2 visa and travel to US. Can I hold two different visa at the same time ? Will my H1-B still be valid ?

3) Travel to US on existing H1-B without a project and apply for vacation ? Not sure if this works, coz I won't have

any pay cheques here.

Could you guys please help me in this regards.

Thanks !

[shekar11#]

1) The first option is the best. Get a H4 visa. At that time they will cancel your H1 visa stamp on your passport. Once you enter US you can apply for H1 change of status again.

2) You cannot have 2 visas at the same time.

3) You cannot travel without a job to US. You can but u are risking because at Port of Entry if they ask for proof and you dont have it then you will be deported.

[Attorney_10]

Generally, one cannot enter using the H1B visa if the H1B job is no longer immediately available. H4 is the proper visa to enter if one is coming to the U.S. to be with one's spouse, who is here on H1B status. There are risks associated with entering on H4 and immediately filing a change of status to H1B, which should be discussed with an immigration attorney. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options that may be available to you.

[0407]

You can have as many distinct US visas on your passport as you want to. You can have H4 and H1B together.

You can have B1 and H1B or any combination for that matters. Sometimes Visa officer might cancel

an older visa with the remark " cancelled without prejudice". Meaning is self explanatory. He may choose

not to do so as well. I have unexpired B1 and H1B both in valid state in my passport

[catx]

I have unexpired B1 and H1B both in valid state in my passport.

Regardless of what is stamped or written, or not in your passport, the last action rule applies. This means that the visa you last entered the U.S. on is your current visa and status. The other visa may not be canceled, but it is not your current status, and you cannot simply switch between the visas, i.e. you cannot enter on a B or H-4 visa and then just switch to the H-1B visa and start working. You have to either file a change of status (COS) or leave the U.S. and re-enter the U.S. on the other visa.