H1 B to H4 Visa

[santhoshmaniyan]

My wife in India having a Valid H1B Petition and she is done with her H1 B Stamping and ready to travel.  But their company have been looking for some travel oppertunities and it is more than 4 - 5 months now.

 

In the mean since I am here in USA with H1B visa if I process her H4 Visa.  Is her H1 B visa will get cancelled ?

 

If so, though then since she has a valid Approved Petition for three years will she be able to work here having the valid petition ?

 

Please advice.

 

 

[jairichi]

My wife in India having a Valid H1B Petition and she is done with her H1 B Stamping and ready to travel.  But their company have been looking for some travel oppertunities and it is more than 4 - 5 months now.

 

In the mean since I am here in USA with H1B visa if I process her H4 Visa.  Is her H1 B visa will get cancelled ?

 

If so, though then since she has a valid Approved Petition for three years will she be able to work here having the valid petition ?

 

Please advice.

She can apply and enter US on H4 visa based on your H1B status. Her H1B visa does not get cancelled. To be eligible to work once she in US an employer has to file a cap exempt H1B petition with COS and on approval she can work.

[t75]

She can have both stampings. The VO may (but likely not) cancel without prejudice any other visas during a stamping.  Her employer would need a COS from H4 to H1B when a position becomes available; she can begin working only with new H1B I-94 in her hand.

[santhoshmaniyan]

Thanks for your reply. Just another question, Will her H1B be valid if she resigns her job with sponsor employer (She has not travelled onsite with H1B even once)? Or Eventhough her H1B visa becomes invalid, will her approved petition remain the same and can she change the status from H4 to H1 using the approved Petition. Please clarify...