If the H4 rejects, what will be the status of H1B

[veerabhadra]

Hi,

 

1 . I am working on H1B and My wife also has stamped H1B. But she want to come to US on H4. If the H4 rejects, what will be the status of H1B?

 
2 . If H4 got approved, Then she travel to US and apply for H1B petition newly.


3 . In case If the petition rejects which she applied newly, what will be the status of her old H1B petition?

[nineballs]

I would say, don't complicate and don't over-think. If your wife wants to come to the US on H4, she can do that. The officer at the consulate will determine if the existing H1 needs to be canceled or not. This is totally at the visa officer's descrition. I think only in some scenarios (like applying for both L1 and H1), the other visa gets calncelled for sure. In almost all other scenarios, the visa officer may or may not decide to cancel the existing visa.

The visa officer has the power to let both the visas stay in your passport or cancel both of them. If your wife travels on H4, Any empoyer can file a new H1-B (cap exempt) petition for her. She will have to wait before the H1-B gets approved. She can't start working based on the receipt.

[t75]

The only reason for H4 to be rejected if your H1B is good is if there is a problem with her. SInce her H1B was stamped, there is not likely to be an H4 issue.