Can we have valid H1B and H4 visa at the same time and can search for a job?

USA H1B Visa
1

Hi All

Please help me with my below query-

My wife & myself both are working on H1B visa but at different locations. As of now transfer/relocation doesn’t seems to be possible so we were thinking that either of us will take H4 visa and get relocated to the later’s place. Now my queries are (in terms of the dependent)-

Having a valid H1B already, can we search for the job? even after getting H4 stamped?
Is H1B visa will no more be valid until we revert from H4 status back to H1B?
Or both H1B and H4 will be valid simultaneously, its only like once after getting the job we can terminate H4?

2

Legally its not the correct way to keep both H1 and H4 same time.must and should you have to apply for change of status in case if you would like to change the status.

suggestion would be first convert to h4 (in case if you have any issue to keep h1 for a longer time to search for a new job), then search for job, in casa if you find apply for change of status and go with it.

3

But when you are on H4 then are you eligible to search for a job ? And also will companies consider your application when you do not have valid H1B?

4

Yes, you can search for jobs and when the employer is ready to file H-1 petition they can do so including COS from H-4 to H-1.

If one of you has an approved I140, you can also go H-4 EAD route.

5

so basically my understanding is that (Please correct me if I am wrong):

One can have both H1b and H4 visa at the same time.
One can travel in H4 visa to US and then search job if H1b already stamped in Passport (provided your employer is ready for visa transfer from H4 to H1b)

Also please look into the below scenarios:

Scenario 1: As I have seen in the above discussion, there are chances that USCIS may cancel the H1b status if one is holding both H1b and H4 at the same time. Am I correct?. In that case, can that person arrive in US in H4 as dependent and then search job (since that person is already under H1b cap)

Scenario 2: the person holding both H1b and H4 and still in India working in the company A who filed for his/her H1b. Can he/she resign the job in the company A and travel to US in H4 and once arrived in US, search for job?

Appreciate a lot for helping me here. Thank you.

6

To clarify,
If you already have H1B approved ( not required to be stamped), then you can travel to US on H4 and can search for a job and ask your potential employer to file for a cap exempt H1B transfer.

USCIS does not cancel status or anything as such. Read Visa vs Status in US Difference

Yes, if you already have H1B approval notice, you can resign your job and arrive in US on H4 and then do a change of status to H1B using your new employer H1B filing as H1B transfer.

1 Like
7

My H1B approved and my spouse has H1B stamped in her passport but not travelled…

So i am planning to bring her as dependent in H4… so when my spouse do H4 stamping in india, existing H1B stamping can be Cancelled by USCIS officer??

Kindly confirm!!

8

H1B may be CWOP if H4 is approved.

9

Can I have both an H-1B visa and an H-4 visa at the same time? | Immigration Lawyer Ari Sauer - The Immigration Answer Man.

can you refer to above site and confirm again?

thanks for your response @Kalpesh_Dalwadi . Have you faced this scenario or aware based on the USA Visa regulations? Just trying to understand, so i can plan accordingly.