If my H-1B petition is denied by USCIS, or withdrawn by my employer, what happens to my H-4 dependents?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