My brother left the USA and joined in Masters in Canada. He is having valid H4 and his H1 is picked in the lottery this year. His wife is currently in the USA. Can he visit USA using his H4? What can he do if his H1 visa is approved? Does COS applies automatically to him?? What should he do if it’s approved and doesn’t want to come to the USA until he finishes his studies in Canada
Thank you.
Yes, he can go to US On H4. His H1B would very likely be approved as Consular processing as he is not in US right now… technically he needs stamping to enter US on H1B. But, if he wishes to move from H4 to H1B after he enters US, he can apply for Change of Status. It is up to him, if he choses to stay back…his H1B would be valid, he just need to ensure, there is role for him on the same h1B, when he enters US.
So his H1B is not activated till he does it and he can still travel on H4 even after his H1 is approved.?
He wants to finish his studies in Canada but visit USA once .