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
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I got my wife's I-94 corrected (it had expired for 10 days) by going to the EWR airport office
which was my wife's port of entry.
They had also put an incorrect classification of WT on the I94
instead of an H4 and as such corrected it promptly.
I want to thank your law firm and also Mr. Khanna in particular
for his proper guidance to me in this delicate and urgent matter.