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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Applying for a H4 Visa While H1B is Pending

    Hi,
    I and my fiancé are working for the same company. My fiancé is currently holding H1B visa and working in US since April 2010 and we are engaged in the month of February 2011 and our marriage is planned in the month of June 2011. My H1B visa is under process and the petition will be filed in the month of April 2011. I am planning to travel to US after our wedding. I have few queries:
    1. Can I file my H4 Visa while my H1B petition is applied and in progress? If I am travelling in H4 (before October) and in mean time if my H1B is approved (after my travel to US), Can I come back to India (after October) and get H1B stamping?
    2. Can I file my H4 visa after receiving H1B approval? And can I travel to US in H4 (before October) when I have H1B approval document? Can I come back to India (after October) and get H1B stamping?
    3. If I come back to India (after October) for H1B stamping, in which case I may not have the recent pay stubs (Since I would have traveled in H4 i.e. would apply for unpaid leave /break for the travel term and rejoin for the same company). Will this impact my H1B stamping? Please suggest

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Applying for a H4 Visa While H1B is Pending

    1. Yes.
    2. If you're applying for a change of status, travel outside the U.S. while that process remains pending will result in its being deemed abandoned. What are you doing?
    3. This is going to be a brand new H1B, right? So you wouldn't be expected to have paystubs because you haven't yet started to work under the H1B visa.

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