Immigration Issues/H4 to H1B Transfer

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Question
Hi,

I am currently holding H4 visa and currently in US.I have a question,if I apply for a H1B visa through and Employer in US only,and somehow if there is any issues with the visa process,will it affect my status with H4 visa also?Do I need to go back to my home country and re-stamp the visa.Please suggest.

Thanks!

Answer
Hi,

If the H1B petition is denied by the USCIS, there will be no impact on your visa status, as you will continue to maintain your underlying H4 status. You will not be required to depart the U.S.

If the H1B petition is approved by the USCIS granting you change of status to H1B, and you subsequently travel outside the U.S., then you should obtain H1B visa stamp at a U.S. Consulate (normally in your home country) and then enter the U.S. showing the H1B visa stamp to the immigration inspector since the purpose of your entry will be employment with the H1B employer.

The following article on our website may be helpful: www.h1b1.com/family.htm

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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