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View Full Version : Taking H4 Visa stamping while H1B Visa stamping exist!


lakshu
03-10-2009, 09:08 PM
Hello,

Could anyone pls provide details!

Where myself and my husband are in H1B status, where my husband is in full time at onsite and I have the H1B visa stamping in my passport but not started to onsite, I am still in homecountry (India).

where I am planning to start by march 20 /09. Since the market situation is not good, My US employer is requesting me to change the status from H1B to H4 before I start to US. In that case if I go for H4 stamping will my existing H1B would get cancelled or it is still be valid.

If I travel on H4 will I be able to transfer to H1B later on.

Please advice. It's quite urgent Since I have very less time to start also I booked the tickets for my travel.

Thanks,
Lakshu

kvkraju
03-11-2009, 02:59 PM
Once you get H4 visa, your H1 visa is no longer valid.

sudhamsh
03-11-2009, 07:13 PM
Your visa may be cancelled but underlying H1b petition may be valid further. But you may have to go for consular processing again if you want to convert from H4-H1 since yours was a consular processing before. Better to consult an immigration attorney for clarification. Be prepared to post pone your journey since it is unlikely that all this process will take some time to complete.

lakshu
03-12-2009, 03:35 PM
Thank you very much,

In that case, After coming to US, Do I need to go for H4 to H1B COS or DO I need to go for restamping towards my H1B Entry in 194.

Also kindly detail me the process on obtaining SSN no after the H1B cos.

Regards,
Lakshu

kabkaba
03-12-2009, 07:04 PM
You can change status after coming provided you have a valid petition and legitimate job and you can prove that. Visa is only required for entering.
Check out SSA website for obtaining SSN, you will need to passport, H1 I-94, job letter and proof of address.