Issues with H4 visa application while H1-B petition is approved

[thefar]

Hello Forum members - First of all, I would like to thank everyone on this forum who has contributed immensly in sharing their knowledge with members like me

 

My wife is currently working in India for the past ~2 years and has her H1B petition approved thorugh a large IT major. As there are some project related delays, there is a possibility where she may not come to the US on H1B for the next 4-6 months. I wanted to see if there are any issues with me applying for her H4-visa while her H1B petition is still active

 

The scenario is:

1. My wife take a leave of absense from the company in India and they do not cancel her H1B. She is still an employee but is not getting paid her Indian salary

2. We apply for her H4 visa immediately and she comes to the US within the next month

3. When the project is approved and she is assigned to it, she can rejoin the company in India and get H1B visa stamped. She can then come back to the US on H1B

 

My questions are:

- Are there any issues applying for H4 visa when an H1B visa is still active through a company? Will the consular officers look at this scenario negatively?

- We plan to not do a COS when her project is approved but she can go back to India and get a fresh H1B. Can someone confirm if this is preferable? Also, will there be issues with H1B stamping (i know that it is a dual-intent visa)

 

Thanks a lot for all the help. Any details on prior experiances or potential issues with H4/H1B visa process will be appreciated

 

PC

[pontevecchio]

There are no issues.

[jairichi]

Your plan is good. Nothing to worry.

[thefar]

Thanks a lot for confirming

[Tjgarla]

You can get your wife on h4. Amend the h1b she has and she doesn't come under quota . It will be a change if status and will get an i94 with the h1b during cos . She doesn't even need to go back to India