H1 approved - Valid H4


swag.kulkarni

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My wife H1B petition got approved in 2014 quota on 26th Sep, 2014. Her current H4 petition is also valid till July 2016. She had traveled to India for vacation before H1B was approved and is still residing there.

 

I have following questions:-

 

1. Once her H1B is approved, does her status automatically change to H1?

2. If the status has indeed changed to H1, does that invalidate her current approved H4 petition?

3. We will be going for visa stamping in India this year in Dec. Is it possible for her to get H4 visa based on approved H4 petition?

4. If she does get H4 visa stamped, do we have to again go for "Change of status" to H1?

 

Appreciate all your help.

 

 

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We are planning to go for H4 stamping back in India as current visa expired on Aug 2014. 

My question is:

 

1. Is it fine to go for H4 stamping even if her H1B is approved, as she is not planning to work immediately?

2. Lets say she enters US with H4 visa and later her employer does COS, in this case, does she still need to get an H1 visa stamped before she could start working?

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We are planning to go for H4 stamping back in India as current visa expired on Aug 2014. 

My question is:

 

1. Is it fine to go for H4 stamping even if her H1B is approved, as she is not planning to work immediately?

2. Lets say she enters US with H4 visa and later her employer does COS, in this case, does she still need to get an H1 visa stamped before she could start working?

1. Yes.

2. No, if her employer files cap exempt H1B petition as COS.

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