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Applying for H-4 Status while H-1 is Pending

7 years ago By Chief Editor

Question details

I got H1B approval from company 'A' till Oct 2015, filed H1B extension in May 2015. As there were no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in a premium process. Now my H1b is in security check with company B. My Both H1b cases/receipts are still in pending status. I applied for H4 visa now within the USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt?

Watch Video on this FAQ: Applying for H-4 status while H-1 is pending

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FAQ Transcript

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Recording of Free Community Conference Call (Every Other Thursday), July 27, 2017

7 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Form I-485

Substantial transcription for video

Discussion Topics, Thursday 27 July 2017:
FAQ: Does H-4 require a prior USCIS approval for visa stamping? ||I-485 applicant holding multiple jobs on EAD

Guestbook Entry for Nakul Saluja, India

11 years ago By Anonymous (not verified)

Name

Nakul Saluja

Country

India

State

Delhi

Comment

Dear Rajiv Ji, I am really happy to inform you that our H-1B/ H-4 interview at US Embassy, New Delhi was successful and that we both have received our stamped passports from the Embassy too. I would really like to thank you for all your valuable guidance and help. Thanks again! Nakul

Status of H-4 Dependents When H-1B is Denied

11 years ago By Chief Editor

Question details

If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?

If you are no longer in valid H-1B status, your dependents’ H-4 petitions will no longer be valid either.

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H-1 to H-4

11 years ago By Chief Editor

Question details

My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).

1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?

2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?

3) How long does it take for change of status from H-4 to H-1?

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

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