Question details
I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.
FAQ Transcript
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I started my GC processing in Sept. 98. Rajiv and his team got my LC done in Apr 99. I filed my I-140 in May 99. There were some questions regarding the valuation of my degree and experience. But Rajiv and Fidelina went out of way and got second evaluation of my education done which fitted the case in the EB2/RIR category. My I-140 was approved on 7 Dec.99 and now I have sent my I-485 papers for filing. Thank you very much Rajiv, Fidelina , Suman and the entire team. They are very dependable team even in difficult times. I must appreciate the skill and patience they showed in getting my I-140 approved.