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Immigration Issues/Visa stamping for H4 when H1B is approved starting OCT 14

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Question
QUESTION: Person A holds H1 Visa, his spouse Person B has approved petition for H1 with validity begining OCT 2014. Person B wants to get H4 stamping and enter US by Jun2014. Will Person B's H1 becomes active automatically during OCT 2014 while in US or Does Person B has to come back to home country and get it stamped for H1B and go again in the month of OCT 2014

ANSWER: Hi,

If entry is made on an H4 visa in June and H1B petition validity date is October 2014, H1B status will need to be activated by Person B by either departing the U.S. and entering on an unexpired H1B visa stamp (in most cases issued by a U.S. Consulate in the person's home country), or the employer can file another H1B petition requesting change of status from H4 to H1B.

---------- FOLLOW-UP ----------

QUESTION: Thank you Ajay Sir, Just one more question. Will it be an issue to go for H4 stamping now(may 14) with H1B petition approved validity October 2014?

Answer
It is not a problem for the dependent spouse to be issued an H4 visa stamp, as the principal spouse is maintaining his or her H1B status. H4 status does not allow for employment, of course, so to activate H1B status the dependent spouse should either make an entry to the U.S. with an H1B visa stamp, or the employer can file an H1B petition requesting change of status from H4 to H1B.

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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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