H4 while valid H1 - Will H1 be revoked?

[tprasannab]

Hi forum members,

 

I was working in US till Jan 2014 with my H1 thru an Indian IT company and was sent back to India due to some internal issues in project. But my wife is still working in US with her H1.

I am planning to apply H4 on my own based on my wife's H1. I am not comfortable with her company processing my H4.

 

After travelling to US, I am planning to find a job and switch to my H1 (which is valid till Jan 2015). 

 

I saw in forums that in few cases they cancel the H1 when we go for H4 stamping in India.

 

1) Will there be any negative impact for processing H4 on our own instead of my wife's company apply for it ?

2) Do they cancel the H1 while stamping H4. If so, what are the other options? 

3) Since I would have 2 valid visa's on my passport, what should I do while entering US Port of entry ?

 

Thanks

[jairichi]

Hi forum members,

 

I was working in US till Jan 2014 with my H1 thru an Indian IT company and was sent back to India due to some internal issues in project. But my wife is still working in US with her H1.

I am planning to apply H4 on my own based on my wife's H1. I am not comfortable with her company processing my H4.

 

After travelling to US, I am planning to find a job and switch to my H1 (which is valid till Jan 2015). 

 

I saw in forums that in few cases they cancel the H1 when we go for H4 stamping in India.

 

1) Will there be any negative impact for processing H4 on our own instead of my wife's company apply for it ?

2) Do they cancel the H1 while stamping H4. If so, what are the other options? 

3) Since I would have 2 valid visa's on my passport, what should I do while entering US Port of entry ?

 

Thanks

1. No. 

2. There is a possibility.

3. Since you do not have a job on H1B you cannot use that visa. You can only use H4 visa to enter.

[pontevecchio]

Cancelling the H1 visa without prejudice does not affect your ability to have a sponsor file a H1 petition for you with COS.

[tprasannab]

Cancelling the H1 visa without prejudice does not affect your ability to have a sponsor file a H1 petition for you with COS.

 

Thanks for the info.

Does this new petition go thru the yearly CAP or CAP-exempt?

[pontevecchio]

Based on being cap counted once you are entitled to a total of 6 years in H1 status with no period more than 3 years at a time. If you have been cap counted once this applies. Everything else does not. Every new sponsor needs to file a non cap H1 petition for you and get it approved.