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0 votes
Please advise. I interviewed for H1B in Chennai Consulate on Dec-07 and got 221g admin processing blue slip with no extra docs requested. Passport returned. Its been a month but no update.

I’ve to accompany my husband in USA as we have 8 months old baby and mangaging baby in India without my husband is not possible.

So pls advise what are my travel options while I’m waiting for admin processing:
1. Travel on tourist visa, is it recommended?
2. Convert to h4, is it possible?

Regards
in H1B Visa by (160 points)

1 Answer

0 votes
your Q:  2. Convert to h4, is it possible?

You dont need to CONVERT. You can apply for a fresh H4 visa and go to US on that.
This new H4 petition has NO IMPACT on your pending H1 visa. It can continue on its own status while you can get H4 and travel.
by (27.4k points)
Thanks for your response. But my employer told me that as soon I apply for H4 my H1 will be withdrawn. Is that not true?
Its not true.
H1 is DUAL INTENT (to legally live and to legally work in US) visa
Where as H4 is SINGLE INTENT(to legally live as a dependent on another legal non-immigrant (in your case H1) visa holder) Visa.
While H1 is being owned by your employer(NOT YOU), H4 is being owned by you(the Applicant/beneficiary), Applying H4 doesnt diminish the H1 visa approval.
But while you apply for both in parallel, the later would conceal the former (in other words, if you apply for H4 now and got approved but later your pending H1 approved, you will be in H1 status. The same happens the other ways if H1 approved now, but H4 approved later, you will become H4(but you can withdraw H4 immediately if H1 approved before). But in any way, you will be eligible to travel to US as both visas had your SINGLE intent to legally live in US.



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