Both Valid H4 and H1b Visa

[Pratyushpanda]

Hi,

 

My wife currently holds a valid H4 VISA and just recently got her H1b Visa stamped. She is currently in INDIA and her employer is delaying her USA travel for reason unknown.

I have few questions and would like to get some clarification.

 

1. Can she enter USA on H4 visa while her passport is also having valid H1b visa.

2. Can she be on vacation for few days IN USA and apply for COS with her original employer if they give her work?

3. Also can she find a new employer and get a new cap exempt visa considering the fact that she has not started working in USA?

 

Thanks  lot in advance.

Regards

Pratyush

 

[jairichi]

Hi,

 

My wife currently holds a valid H4 VISA and just recently got her H1b Visa stamped. She is currently in INDIA and her employer is delaying her USA travel for reason unknown.

I have few questions and would like to get some clarification.

 

1. Can she enter USA on H4 visa while her passport is also having valid H1b visa.

2. Can she be on vacation for few days IN USA and apply for COS with her original employer if they give her work?

3. Also can she find a new employer and get a new cap exempt visa considering the fact that she has not started working in USA?

 

Thanks  lot in advance.

Regards

Pratyush

1. Yes.

2. On H4 she cannot work and so she is by default on vacation. Employer files for COS.

3. Yes, 

[Pratyushpanda]

Thanks!! Appreciate it.