How can my wife "visit" me in the US when she also holds an H1?

T

TheDarkKnight

New Member
Hi:

My wife and me work for the same company in India. We both hold a valid H1B. I am currently onsite on a project. She can come down only on an H4 for now. But that would mean her H1 gets suspended. Is there a way she can come down here for a month or so without getting her H1 cancelled? I have been told that a person cant hold 2 types of visas... in this case H1 and H4.

Thanks!! :)
 
Sorry not possible, to get H4 she will have to apply to consulate which will cancel her H1. The only way she can come on H1 is if she intends to work here. maybe if ur company is willing to have her over for a 2-3 mths on a short project with you.

u cannot have two visas at the same time, only duality allowed is AOS and H1/4
 
I think the law allows one to have more than one kind of visa stamp on the passport. At the port of entry, you choose on what visa to use to enter, and that determines your status. That is why they ask most of the times "what is the purpose of your visit". But you can hvae only one type of status while you are in the US (Except AOS with H1B/H4/L1/L2).

However it is highly unlikely that the consulate in India would grant an H4 visa stamp without cancelling the prior H1B. I have heard of consulates in other countries that they have given new visa stamps without cancelling the tourist visa stamp, but I cannot speak for the veracity.

Best course of action would be to come on an H1B, but note that you would need pay stubs to maintian status.
 
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