Coming on H4/B2 after H1B is approved

[schroedingerscat]

Hi All,

 

I have gone through most of the related questions on this forum, but didn't get much clarity on my specific case. Hence, asking this here, Appreciate if someone could give any insights

 

I am currently on H1B and am getting married in Feb 2014 in India. My finance's current employer is looking into filing her H1B petition too. Assuming that goes through (and we get to know by May first week) , her start date will be Oct 1, 2014 I guess. I am trying to figure out if she can come to US before that (on any visa - say H4/B2) 

 

Q1 Can she come on H4 / B2 visa after H1 approval without making her H1 void.?  

 

Q2 What I have gathered is that

2.1) if she applies for H4 in Feb and gets it before April 1 (i.e when her employer applies for H1B) - her employer will need to file for COS from H4 to H1 at the time of filing. Since this would be effective only in October, she can come on her current H4 and stay in US. (In Oct, the status will change automatically) 

 

2.2)  If she files for her H4 "after" her H1 is approved (say she files in May) - she can travel to US on H4. But either has employer has to file a COS also OR she has to go back to India before her visa interview for her H1B. (btw is this an OR case or does her employer have to file for COS anyway?)

 

Is my understanding of 2.1 and 2.2 correct?  In 2.2, would doing it on B2 make sense though I understand that COS from B2 to H1 is harder?

 

Thanks for your time.

 

[NewRoy]

Hi,

 

I  have similar situation.

My H1B is currently approved.

I am getting married in December.

But my employer wants me to stay in a city other than my husband's for at least 6mnths.

So I was just thinking to travel on H4 and find another job over there and then get H1 stamped.

Is it possible?

Please help me soon.

 

Regards,

Nidhi

[pontevecchio]

Basically if your spouse is in the USA in say H4 status at the time her employer applies for an H1 petition for her with COS to H1 she will be in H1 status from October,1 if the petition with COS is approved. At any time she is free to get the H1 visa and return up to 10 days before the start date.

 

2newroy, Yes. That is possible.

[itsmeusa]

@schroedingerscat - I would suggest you to bring your wife on H4 to US. There is no such thing as H4 to H1 while in India. One gets status H1b or H4 only after successful entry into US on that visa.

Once in US on H4, then employer can request USCIS to COS from H4 to H1b. Once approved effective Oct, she can start working.

Avoid B2...

[jairichi]

Hi,

 

I  have similar situation.

My H1B is currently approved.

I am getting married in December.

But my employer wants me to stay in a city other than my husband's for at least 6mnths.

So I was just thinking to travel on H4 and find another job over there and then get H1 stamped.

Is it possible?

Please help me soon.

 

Regards,

Nidhi

Yes, you can enter US on a H4 visa. Later a prospective employer can file a COS from H4 to H1B and on approval you can start to work.

[itsmeusa]

@Nidhi - there is no such requirement to stay in another city for 6 months. You can very well travel on H1B and work in the same city as your husband's. Well, it's a different thing if your employer doesn't have ready assignment in the same city and that's may be the reason he is asking you to work in another city.
Like you said, you can very well travel on H4 and once here, do COS to H1b. It's not called stamping once you are in US.