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H1 and H4 at the same time?
- Thread starter Ivy123
- Start date
Why you want H4 visa ?
If your husband has H1 visa then it's not necessary that you should have H4 visa. You can have H1 visa without any problem. H4 visa is for dependet visa, But if some reason your H1 is not valid becuase you no longer working for that comany then you need to apply for change of status application to INS. As far as I know you can only have one status and any given time. Check with your lawyer. JB
If your husband has H1 visa then it's not necessary that you should have H4 visa. You can have H1 visa without any problem. H4 visa is for dependet visa, But if some reason your H1 is not valid becuase you no longer working for that comany then you need to apply for change of status application to INS. As far as I know you can only have one status and any given time. Check with your lawyer. JB
Why you want H4 visa ?
If your husband has H1 visa then it\'s not necessary that you should have H4 visa. You can have H1 visa without any problem. H4 visa is for dependet visa, But if some reason your H1 is not valid becuase you no longer working for that comany then you need to apply for change of status application to INS. As far as I know you can only have one status and any given time. Check with your lawyer. JB
If your husband has H1 visa then it\'s not necessary that you should have H4 visa. You can have H1 visa without any problem. H4 visa is for dependet visa, But if some reason your H1 is not valid becuase you no longer working for that comany then you need to apply for change of status application to INS. As far as I know you can only have one status and any given time. Check with your lawyer. JB
Not unlawful...
But one always supercedes other. i.e. you cannot be on both, you have to decide what status you want to be on.
If you are laid off, you can always travel out of US and get a H4 based on your spouse H1 and enter into H4. And later if your H1 is still valid and employer is ready to take you back, you can once again go out of US and come back based on the stamp (along with recent documentation)
But one always supercedes other. i.e. you cannot be on both, you have to decide what status you want to be on.
If you are laid off, you can always travel out of US and get a H4 based on your spouse H1 and enter into H4. And later if your H1 is still valid and employer is ready to take you back, you can once again go out of US and come back based on the stamp (along with recent documentation)
Not unlawful...
But one always supercedes other. i.e. you cannot be on both, you have to decide what status you want to be on. If you are laid off, you can always travel out of US and get a H4 based on your spouse H1 and enter into H4. And later if your H1 is still valid and employer is ready to take you back, you can once again go out of US and come back based on the stamp (along with recent documentation)
But one always supercedes other. i.e. you cannot be on both, you have to decide what status you want to be on. If you are laid off, you can always travel out of US and get a H4 based on your spouse H1 and enter into H4. And later if your H1 is still valid and employer is ready to take you back, you can once again go out of US and come back based on the stamp (along with recent documentation)