Coming to USA on H4 and working on Already approved H1B1

K

krishna_ps

Registered Users (C)
One of my friend got new H1B1 Approved under premium processing and presently she is in India and planning to get married and come here on H4-visa.

As she is not confident that she will get H1B1 visa at the US-Consulate because of too much restrictions. If she comes on H4-Visa and can she work on H1B1 visa from Day One.

If she can I can arrange Telephonic Interview to her from USA to INDIA and she can work from day one...Will this be a problem??

Please advice :eek:
 
If ur friend comes to US on H4, then she cant work unless a new H1 is approved. The old H1 becomes invalidated.
 
why would she need to come in on an H4 if she has a valid H1?

I came in on an h4 and my lawyers advised me to wait a few months before applying for H1 so that it didn't look like my intent was to work when I entered on my H4 - but that was over 3 years ago when they were on quotas and had to wait for the new quota anyway .
 
Is that True....??.... When she already has Approved H1B1 Visa in the USA and she has not used the H1B1 nor got here H1B1 stampping on Passport.......When she comes here on H4 visa and when she has H1B1 petition in USA why can't she work????
 
The last visa that got approved shows ur valid status. When ur friend enters US her I-94 will show her as being allowed into US on H4 visa. She cant work unless a new H1 is filed, if she chooses to enter US using H4.
On the other hand she can get the H1 stamping for her already approved H1 and she can work as soon as she enters US.
 
Yes, She cannot work in the US if she enters on H4. H1 automatically becomes Invalid.

If she wants to work she can get H1b stamped prior to entering US.

If she want to enter US on H4 then she have to apply for new H1
 
But there are so many people working on like this..

When the candidate comes here on H4 visa after there marriage, After one year or less they apply for H4 to H1B1 transfer and they will start working on H1B1 Visa...and in that case also they I-94 shows that they came to US on H4 visa right??...What makes the difference??...Is this b'coz they transfer from H4 to H1B???
 
When u apply for transfer from H4 to H1 - u get a new I-94 with the approved H1.

As i had already mentioned, ur friend after coming to US using H4 can apply for H1. She can work once her new H1 is approved.

The last visa that gets approved shows the valid status.

In the cases u had mentioned the persons start working only after getting a new H1 approved - though coming to US on H4. So the last visa they got approved was H1 - which is valid.
 
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