Can i travel in H4 visa with H1 approved petition

[sudham_100]

Hi,

 

I am Sudha. My husband is having valid H4 visa and H1B approved petition valid till Dec 2016. He is in India right now. And we have the following queries regarding his travel to US. Can someone please clarify them,

 

1) Can he enter US with H4 in September 2015? Will it affect his H1B?
2) Will his H1B get valid automatically after October 2015?Will his H4 automatically get invalid after October 2015?
4) Can he do change of state to H1B after entering US with H4?
5) Is it mandatory to do change of state for H1B in October itself or he can apply in January 2016?
6) Is there any legal problem in entering US with H4 and do change of state H1B?

 

Thanks in advance!

[jairichi]

1. Yes, he can enter. It will not have an effect on his H1B.

2. No. He has to exit and enter US with a valid H1B visa and I797 to move to H1B from October.

3. Not he but only an employer can. No employer will be willing to pay twice for a H1B petition.

4. Anytime.

5. No.