I have a valid H1B visa ,can i apply for a H4 Visa?

USA L1, L2 Visa
1

I m currently in INDIA and I have a valid H1B visa ,can i apply for a H4 Visa ?Will the H1B visa be valid after i get the H4 Visa. Can I also travel to US on H4 and work on the H1B visa (will this H1B visa )be valid then or it will get suspended?

Thnaks in advance

2

When you appear for H-4 visa stamping and if the officer doesn’t cancel your H-1 visa stamp, then you will have both H-1 and H-4 visa stamps in the passport.

Irrespective of whether your H-1 visa stamp is canceled or not, you can travel to US on H-4 visa. Once in US, an employer can file for COS (change of status) from H-4 to H-1. If its the original H-1 employer, then this will be just the COS; else it will be a cap-exempt petition (aka H-1 transfer) and COS.

Once COS is approved, your status will become H-1 and you can start working for that employer.

3

thanks for the reply Saurabh . So we can apply h4 parallely holding h1B stamped? and while applying h4 visa , should my husband be here in INDIA or can i apply independently?

4

You can appear for H-4 interview even w/o your husband.

You can appear for H-4 visa stamping. The officer may decide to cancel the H-1 visa stamp or not. However, whatever their action is, you can still travel on H-4 and later file COS to H-1 while being in US.

5

Thanks again Saurabh, As you mentioned that i can travel on H4 and later file COS to H1- does this to be once i get a employer who can sponsor or i can file it directly? And also this H1b visa would be a new visa alltogther right? or will be like reopening my previous H1B visa that was filed (if not cancelled)?

Thanks in advance…

6

You always need an employer. So if the COS is filed w.r.t existing petition, then your employer will be the old H-1 company. If the COS is filed w.r.t. to a new petition, then that new company will be the employer and have to do the paperwork.

Do not file COS until you know for sure who you will be working for as it is needs an accompanying petition (except when working for a previous employer who already has an approved petition).

7

thanks again…
just wanted to inquire one more thing , when i m applying for h4 visa , should my husband’s passport(h1b visa) include my name in it? And do i need to change my last name in passport to the one after marriage? is it mandatory?

8

None of this is mandatory. You have to show that you are married which can demonstrated through one or more of the following - wedding card/album, marriage certificate and passport names.

9

cool thanks :slight_smile:

10

You should not file H4 visa if you have valid H1B visa because at the time of H4 interview officer may cancel your H1B visa. So it is better to go for H4 only if you are okay with this situation.
I faced the same situation but told the interviewer my actual plan that I will be traveling to the USA on H4 for short time( 1month) and will come back to India and again go back on H1B to work in USA. He convinced with my plan and didn’t cancel my H1B visa.