You are here:

Immigration Issues/H4 travel - H1B apply

Advertisement


Question
Hi,
I'll be applying for my H1 visa from India in April 2014.
I'll be travelling to the USA on H4 by the end of April 2014.
Could you please clarify the below question
- will be there be any problem in getting a H4 by April 2014 end since I would ve applied for a H1 visa in the starting of April 2014.
- Once the H1 is approved, should I have to come to the home country to get the Change of Status ?
- will there be any other issues?


Thanks in advance for your help.

Regards
Prasanna

Answer
Hi,

There will be no problem in entering the U.S. using unexpired H4 visa stamp in passport, since at time of entry the H1B petition would not have been approved by the USCIS (and even if approved, the validity date would be October 01, 2014 due to visa cap issues), and since the purpose of your entry in April will be to join your spouse (and not to be employed immediately, as H4 status does not allow for employment), I do not foresee any issues.

The H1B petition approval notice would not grant you change of status from H4 to H1B. Thus, in order to activate H1B status, you would need to depart the U.S. at some point after H1B approval notice validity date, apply for H1B visa stamp at a U.S. Consulate (normally in your home country) and when you enter the U.S. again show the H1B visa stamp to the immigration inspector at the port-of-entry so that you are admitted in H1B status.

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.