Query on US travel -- Spouse Having both H4 and H1 Visa.

[sarojpanigrahy]

Hi,

 

I am working in Bay area with H1valid till Oct 10, 2015 and my spouse has dependent visa H4 valid till Oct 10, 2015  on my H1.

She also has H1(stamped Oct 2014) valid till Sep 2017 from her employer in India.

 

Her employer is yet to find a project for her and hence she is still in India.

 

Q1 : Is it possible for her to travel on H4 ?

Q2 : if yes to Q1 --> will there be any effect on her H1, if she enters on H4 ?

Q3 : If we think to do an H1 transfer, should we do it while she is in India or enter US with h4 ?

 

Q4 : What is best option/way, we can follow to have her here asap without affecting her h1B?

 

Please suggest how do we go about it if you had the similar situation.

 

Regards

Saroj

[jairichi]

1. Yes.

2. No.

3. After she enters US.

4. Let her enter US on H4 and later after finding an employer let employer file a cap exempt H1B petition. On approval of that she can start working on H1B.

[sarojpanigrahy]

HI Jairichi,

 

Thanks for your reply.

 

If she enter US on H4, would there be any issue at POE ?

Would they not revoke or cancel her H1B visa or would there be any issue with her petition ?

 

Regards

Saroj

[jairichi]

HI Jairichi,

 

Thanks for your reply.

 

If she enter US on H4, would there be any issue at POE ?

Would they not revoke or cancel her H1B visa or would there be any issue with her petition ?

 

Regards

Saroj

No issue at POE.

Even if they cancel her H1B visa is not an issue as she will be considered cap exempt for future H1B petitions.