My H1 is under process, is it advisable to apply for H4?


My H1 is under process (it is in RFE), while my wife has got H1 and planning to travel by next month. I have following questions, request you to please provide an answer:

  1. Can I apply for H4 and travel along with her? Is it advisable to do so, as my H1 is also under process?

  2. And once my petition gets approved, can I get my H1 stamped from US or I have to travel back to India for stamping?

  3. Will it be conversion of H4 to H1? or we can hold both H1 and H4 simultaneously?

  4. Is there any minimum time that a person has to stay on H4 before converting it to H1?

  1. This is can be done

  2. You will have 2 options - either file COS from H-4 to H-1 while continuing to stay in US, or go out of US, and return after getting H-1 visa stamped from your home country. H-1 stamping cannot be done inside US

  3. You can hold only one visa status. It will be H-4 even after H-1 gets approved. Only when COS is approved or when you enter on stamped H-1 visa, will your status change to H-1. Also, one can have multiple visa stamps in the passport.

  4. Not really. However, it is safer if you can wait for 30 days from your entry date before filing for COS to H-1.