H1 and H4 problem - please help - little urgent


We had applied for my H1 and H4 simultaniously. I got my H1 approval recently. But my H4 got rejected. I am in india and my husband is in USA. Due to some reason, I can’t come on H1. My concerns:

1. How should i go about my H4? Can i still get my H4 stamped on the basis of my husband's H1 approval or will have to apply for H4 petition? How does it go?

2. If i go for H4 stamping and god forbids, but if it gets rejected, then do i still stand a chance to get my H1 stamped, or does it gets invalid? (I have heard that if i travel to USA on H4 then my H1 automatically gets invalid; is it true?)

3. What happens to my H1, if I go to USA on H4, under following 2 scenario’s?
– my H1 employer revoke’s my H1
– my H1 employer does not revoke my H1

Please help…

Your H4 must have been rejected because you must be as highly qualified as your husband. You are saying that H-1 travel is not possible for some reason. I suggest reapplying for H-4 with full clarity of explanation on why you will not work in the United States (expecting a child, want to study which is possible on H-4, husband will return to India soon etc), this will help Consular officer decide in your favor. Your H-1 does not get invalidated but H-4 to H-1 conversion requires some work if you plan to do so.

All the best


Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; Email: international@chu.edu

Thanks for your insight on this… :slight_smile: Appreciate it!