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Immigration Issues/Regarding location for H1b Visa Interview

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Question
Hello Sir,
I have applied for H1 visa but I already have H4 and I want to join my husband on H4 in CA. When I applied for my H1b, I was in India. Can I appear in Usa for my H1 stamping otherwise We will have to wait till my stamping.

Regards,
Kawal

Answer
Hi,

If you are currently in the U.S. and the H-1B petition is approved after your entry, and if the approval notice states that you have been granted change of status, then you will automatically be in H-1B status and no longer in H-4 status. In order to be reinstated in H-4 status, you will either need to enter the U.S. again on H-4 visa stamp, or else file a change of status application with the USCIS to request H-4 status.

If you are not in the U.S. when the H-1B petition is approved, you can enter the U.S. on H-4 visa stamp and disregard the H-1B approval notice. You will be on H-4 status since that is the last action taken by the USCIS (your entry to the U.S. on H-4 visa stamp).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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