Immigration Issues/H4 to H1

Advertisement


Question
Hello,

I am working in India for an MNC. My husband works in US on H1. I've entered us on H4 for a couple of months last year and returned back to India. In february this year, I got my H1B stamped. However at consulate they did not cancel my H4.

Now, it looks like my employer is going to take some time before sending me on onsite assignment, can I,

1. Enter US on H4 for few weeks on vacation?
2. Will they cancel my H1 at port of entry?
3. If they do not cancel H1, can I change my status from H4 to H1 once the assignment is ready?

Thanks
Jyothi

Answer
Hi,

You can enter the U.S. using H4 visa stamp. At the port-of-entry, you will be issued an I-94 stating H4 visa status. The inspector at the port-of-entry will not normally cancel the H1B visa stamp.

You can change status from H4 to H1B in the U.S., but this requires the filing of an H1B petition requesting "change of status" within the U.S. Alternatively, you can depart the U.S. and then enter the U.S. using H1B visa stamp already in your passport. The I-94 that is issued to you at the port-of-entry will state H1B, and thus you will be on H1B status when you enter the U.S.

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

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.