Simultaneous H1 and H4

[nirmalsrinivasan]

Dear All,

Is it possible for a person to simultaneously have both H1 and H4 Visas?

My sister is getting married in june. She currently holds a H1B visa. Her Fiance is currently working in Seattle. She is trying to get a job in Seattle. If she doesnt get one by the time of her marriage, is it possible to apply for H4 and enter US through her H4? Will the current H1 visa be cancelled while H4 is approved? Will she be able to hold both H1 and H4 visas simultaneously??

Your help in this case will be greatly appreciated.

Thanks,
Nirmal

[swngl05]

Hi Nirmal,

H1 and H4 are not Visas, they are status.
At any given point in time, you can be on one status only.

As long as you have employment, you can be on H1. Because H1 is linked to employment.
If her fiance has a H1B visa, then she need to convert her status from H1 to H4. Again when she finds employment, her new employer can file a COS to H1 under Non cap case for the period remaining on her approved petition.

You can get more info, by going through different threads in this forum

Hope this helps...
Seniors please correct me, If I'm wrong...