H4 to H1 transfer - have approved H1 petition

[krdbbv01]

Hi

 

I am on H1 in the US since Dec 2011.

My fiancee is currently in India and has an approved H1 petition. She hasnt got the stamping yet.

 

If she isnt able to get a project soon, she will travel on H4 as dependent.

 

Question:

 

1. Does an H4 invalidate the H1 petition completely? Can the same H1 petition be used later if she finds an assignment here?

2. Is it just a transfer or filing or new visa altogether?

3. Can she seek job with another company?

4. What if she gets the H1 stamped and later travels on H4. Does this cancel the H1?

 

Thanks.

[jairichi]

Hi

 

I am on H1 in the US since Dec 2011.

My fiancee is currently in India and has an approved H1 petition. She hasnt got the stamping yet.

 

If she isnt able to get a project soon, she will travel on H4 as dependent.

 

Question:

 

1. Does an H4 invalidate the H1 petition completely? Can the same H1 petition be used later if she finds an assignment here?

2. Is it just a transfer or filing or new visa altogether?

3. Can she seek job with another company?

4. What if she gets the H1 stamped and later travels on H4. Does this cancel the H1?

 

Thanks.

First of all your fiancee cannot get a H4 as you guys are not legally married.

1.No, it will not. Yes, she can.

2. Filing a new cap exempt H1B.

3. Yes

4. If she goes for a H4 visa stamping after having obtained a H1B visa consulates cancel H1B visa.

[rahul412]

1. Does an H4 invalidate the H1 petition completely? Can the same H1 petition be used later if she finds an assignment here?

2. Is it just a transfer or filing or new visa altogether?

3. Can she seek job with another company?

4. What if she gets the H1 stamped and later travels on H4. Does this cancel the H1?

 

 

1. No, not all all. Yes she can use the same petition

2.Both are one and same. But transfer is cap exempt

3.Yes

4. No I don't think so.

[krdbbv01]

Thanks for the reply guys.

 

I guess i am not clear with the 4th answer. or maybe i wasnt clear with the question.

 

Jairichi- you mentioned that the H1 B would be cancelled if she goes for H4 after the H1 stamping. But i hope that she can still apply for a cap exempt H1 later. Right?

 

Thanks.

[jairichi]

Thanks for the reply guys.

 

I guess i am not clear with the 4th answer. or maybe i wasnt clear with the question.

 

Jairichi- you mentioned that the H1 B would be cancelled if she goes for H4 after the H1 stamping. But i hope that she can still apply for a cap exempt H1 later. Right?

 

Thanks.

rahul412 is correct also. There are instances where consulate cancels  similar nonimmigrant visa on stamping fresh visa. Yes, you can still apply for a COS from H4 to H1B later.

[rahul412]

Jairichi- you mentioned that the H1 B would be cancelled if she goes for H4 after the H1 stamping. But i hope that she can still apply for a cap exempt H1 later. Right?

 

 

That's correct.

[krdbbv01]

Hi Folks,

 

Thanks for your responses.

 

I have a new question.

I heard from a colleague that for H4 to H1 change of status one has to travel back to India / out of US and get stamping done from USCIS. Is it true?

 

Thanks,

Rohit

[rahul412]

I have a new question.

I heard from a colleague that for H4 to H1 change of status one has to travel back to India / out of US and get stamping done from USCIS. Is it true?

 

It's only required when your COS to H1 is approved but new I 94 is not issued. In that case you need a new H1 visa stamp and that is issued at embassies ( DOS ) not by USCIS.

[krdbbv01]

Hi Rahul,

 

I didn't quite understand. Can you explain in a little more detail?

 

Thanks,

Rohit

[jairichi]

Hi Rahul,

 

I didn't quite understand. Can you explain in a little more detail?

 

Thanks,

Rohit

If change of status petition from H4 to H1B is approved and the I797 approval notice has new I94 there is no need to leave US and enter with a H1B visa. If the new approval notice does not contain an I94 then there is a need to leave US and enter with a H1B visa.

[rahul412]

Hi Rahul,

 

I didn't quite understand. Can you explain in a little more detail?

 

Thanks,

Rohit

When ever a person files for COS applicant will get a new I94. If in case he didn't get one, then in order to get new I 94 he has to attend visa interview or if that person already has that visa and its still valid then simply cross the border and enter into US with new I94.