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Immigration Issues/H1-H4 Issues (Advice Needed)

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Question
Hi,

Im in India and I had a H1B Visa which got expired This Feb 2008. I had applied for an extension and the petition has got approved. I m yet to appear for a VISA stamping.

I need to accompany my spouse. So I m thinking of applying for a H4 Visa. i have a few questions on this.
1. Can I apply for a H4 Visa when I have a valid petition (Not Visa Stamping)
2. Will my petition gets invalid if My H4 gets approved?
3. Can I appear again for H1B Visa (with the Vlaid Petition) when My employer gets me a Job (after I get H4 stapimng)
3. If Yes , Can I transfer my valid H1B Petition to a different company after I reach US and then Convery my H4 visa to H1 Visa.Is there any other formality I need to do before I do the H1B Transfer?

Thanks

Answer
Hari,
1) Yes. You can apply for H-4 visa even after an approval of an H-1B petition filed on your behalf.
2) NO, your H-1B does not become "invalid" unless it is revoked by the employer.
3) Yes. You need to leave the US obtain a H visa or you need to file for a change of status from H-4 to H-1B while you are in the US.

4) See answer 3.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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