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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We would like to convey our sincere thanks and appreciation to Mr. Khanna and his staffs for helping us to succeed in our immigration petition through EB-1 (OR) category. We were very thrilled to note that our petition was approved without RFE in a record pace (within 9 months of submission).
Without his kind support and dedicated staff, we think we could not have achieved this. We would like to convey our special thanks to Ms. Diane Lombardo who meticulously put all the evidences together and shaped the case as a strong one.
I highly recommend this team.
Good Luck for all you. Thanks.
Senthil.