Can still hold H1B VISA by applying J1 dependent?

Hi All,

Currently I am holding recently approved HiB HNSC petition and planning to travel by end of October as per VISA appointment dates.

My wife got an opportunity to work as teacher scholar in Texas and might will get VISA under J1 or J2 category.

Question: Can I still apply as her dependent, by even keeping my valid H1B VISA - which will expires on Apr 2020?

Please suggest on this scenario, if I traveled on H1B first and parallel holding dependent but not stamped.

Thanks,
Santosh D.

You can only hold one status at a time in US. When you travel out and re-enter you need to make a choice what visa you want to have. You can have valid one in parallel, but you can only use one at a time…You decide that when you enter US at Port of Entry by showing the right documents. If you want to change after you enter, you have to apply for Change of Status.

Thanks for quick response Kumar!

So you are saying If I already have H1B now and still can apply for J1 dependent.

If I have traveled to U.S by end of October and I got J1 dependent VISA in November. Then I need to decide which status I need to keep in U.S and also when I travelled back to India and renter U.S again right?

To apply for J1 dependent, it needs a J1 primary holder. If you are still on J1, you can apply for J1 dependent. Yes, you decide, when you enter, what you want to have. But, you also need visa stamping for the same…so, when you go for stamping, they may let you have both visa stamps or cancel other one…