Getting an H4 visa while having an approved H1 petition

[way_to_gc]

If a person(my wife) has an approved H1 petition thru' an indian software firm, would there be an issue if this person goes for an H4 stamping in India?

Note: This person has an approved H1 petition, but NO visa stamping for this H1 on her passport.
(We need to do this as the software firm cannot send this person for H1 visa stamping for the next 6 months.)

1. Is there a way the visa officer at the consulate will know that my wife has an approved H1 petition when she goes for H4 stamping ?

2. Is there a possibility that H4 is denied due to the approved H1 petition my wife currently has ?

3. If the H4 visa gets approved, will it VOID or Cancel her approved H1 petition?

Thanks,
-M

 

[frostrated]

There will be no problem for her if she applies for a H4. But then to convert to H1, she will need to apply for a change of status once she enters the US.

If a person(my wife) has an approved H1 petition thru' an indian software firm, would there be an issue if this person goes for an H4 stamping in India?

Note: This person has an approved H1 petition, but NO visa stamping for this H1 on her passport.
(We need to do this as the software firm cannot send this person for H1 visa stamping for the next 6 months.)

1. Is there a way the visa officer at the consulate will know that my wife has an approved H1 petition when she goes for H4 stamping ?

2. Is there a possibility that H4 is denied due to the approved H1 petition my wife currently has ?

3. If the H4 visa gets approved, will it VOID or Cancel her approved H1 petition?

Thanks,
-M

 

[great guru]

If a person(my wife) has an approved H1 petition thru' an indian software firm, would there be an issue if this person goes for an H4 stamping in India?

Note: This person has an approved H1 petition, but NO visa stamping for this H1 on her passport.
(We need to do this as the software firm cannot send this person for H1 visa stamping for the next 6 months.)

1. Is there a way the visa officer at the consulate will know that my wife has an approved H1 petition when she goes for H4 stamping ?

Having H1 petition approval does not affect any of your immiration or non immigration vis seeking.
Approval of H1 petiion is a piece of paper it does not gurantee you any visa first of all. However if it is a change of status, and yur H1 approval comes with a I 94 at bottom, yur status is already changed to h1 from the effective date.


Do you know, with out even your knowledge any company make your new H1 petition in US, if they have all your info?

2. Is there a possibility that H4 is denied due to the approved H1 petition my wife currently has ? not at all, unless it is a change of status form H4 to H1

3. If the H4 visa gets approved, will it VOID or Cancel her approved H1 petition?

Thanks,
-M