Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

Thread Tools
 
Old Dec 1st 2006, 2:55 pm
  #1  
Pacer441
Guest
 
Posts: n/a
Default EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

I was out of the US when my H1 was applied for. I am still out of the
country but my H1 petition has been approved though I don't have it in
hand. I assume it will be a I-797 without the I-94.

I am going for H4 visa at a consulate in my home country.


Does anyone know if the already approved H1 gets cancelled since H4 was

done after H1 approval?


Once in the US on H4 and eventually when I get the H1 approval notice
in hand, I am hoping I can go to Canada for stamping with the approval
notice and reenter the country so that I can start working.


Thanks much in advance!!!
 
Old Dec 2nd 2006, 9:54 pm
  #2  
BE Enthusiast
 
Joined: Jun 2001
Posts: 571
Manish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really nice
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

Originally Posted by Pacer441
I was out of the US when my H1 was applied for. I am still out of the
country but my H1 petition has been approved though I don't have it in
hand. I assume it will be a I-797 without the I-94.

I am going for H4 visa at a consulate in my home country.


Does anyone know if the already approved H1 gets cancelled since H4 was

done after H1 approval?


Once in the US on H4 and eventually when I get the H1 approval notice
in hand, I am hoping I can go to Canada for stamping with the approval
notice and reenter the country so that I can start working.


Thanks much in advance!!!
------------ if you have H1 approved then let the US employer send you H1 approval notice get H1 visa stamp and enter on H1
Manish is offline  
Old Dec 3rd 2006, 8:08 pm
  #3  
Pacer441
Guest
 
Posts: n/a
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

That would have been my ideal scenario. There has been a probelem with
the approval notice. My employer hasn't received it yet.

Question still remains:

Does the H1 approval gets cancelled if the person goes for H4 and
enters the country on H4?


Manish wrote:
    > > I was out of the US when my H1 was applied for. I am still out of the
    > > country but my H1 petition has been approved though I don't have it in
    > > hand. I assume it will be a I-797 without the I-94.
    > >
    > > I am going for H4 visa at a consulate in my home country.
    > >
    > >
    > > Does anyone know if the already approved H1 gets cancelled
    > > since H4 was
    > >
    > > done after H1 approval?
    > >
    > >
    > > Once in the US on H4 and eventually when I get the H1 approval notice
    > > in hand, I am hoping I can go to Canada for stamping with the approval
    > > notice and reenter the country so that I can start working.
    > >
    > >
    > > Thanks much in advance!!!
    > ------------ if you have H1 approved then let the US employer send you
    > H1 approval notice get H1 visa stamp and enter on H1
    >
    > --
    > Posted via http://britishexpats.com
 
Old Dec 3rd 2006, 8:21 pm
  #4  
Joe Feise
Guest
 
Posts: n/a
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering

pacer441 wrote on 12/03/06 13:08:

    > That would have been my ideal scenario. There has been a probelem with
    > the approval notice. My employer hasn't received it yet.
    >
    > Question still remains:
    >
    > Does the H1 approval gets cancelled if the person goes for H4 and
    > enters the country on H4?


No. Why should it?

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 
Old Dec 4th 2006, 1:30 am
  #5  
Pacer441
Guest
 
Posts: n/a
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

I was wondering if H4 visa kind of overwrites the already approved H1
since H4 is done later. You know? Last status wins..or something like
that
 
Old Dec 7th 2006, 4:06 am
  #6  
Immigration Attorney1
Guest
 
Posts: n/a
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

The information provided at this site is of a general nature and may
not apply to any particular set of facts or under all circumstances. It
should not be construed as legal advice and does not establish an
attorney-client relationship.
-------------------------
Assuming you have an original I-797 Approval Notice for the H-4 in
hand, you should be able to enter as an H-4 visa holder notwithstanding
the impending H-1B. The only thing to be wary of is H-4 visa holders
may not work without special governmental dispensation (i.e., they
can't work). So, if you are interviewed upon entry and asked if you
work, as an H-4 visa holder, you should not respond in the negative.
Once you arrive in the U.S., you may adopt H-1B status based on your
I-797 Approval Notice. When you exit the U.S. subsequent to beginning
work on your H-1B, you will then re-enter with a new H-1B visa imprint
and I-94 card reflecting the dates of your H-1B authorized period of
stay. ww.StrongVisa.com
 
Old Dec 7th 2006, 4:29 am
  #7  
Immigration Attorney1
Guest
 
Posts: n/a
Default Re: EXTREMELY URGENT - H1 approved while outside the US, entering US with H4, will approved H1 get cancelled?

The information provided at this site is of a general nature and may
not apply to any particular set of facts or under all circumstances. It

should not be construed as legal advice and does not establish an
attorney-client relationship.
-------------------------
Assuming you have an original I-797 Approval Notice for the H-4 in
hand, you should be able to enter as an H-4 visa holder notwithstanding

the impending H-1B. The only thing to be wary of is H-4 visa holders
may not work without special governmental dispensation (i.e., they
can't work). So, if you are interviewed upon entry and asked if you
work, as an H-4 visa holder, you SHOULD (corrected from earlier post)
respond in the NEGATIVE. Once you arrive in the U.S., you may adopt
H-1B status based on your
I-797 Approval Notice. When you exit the U.S. subsequent to beginning
work on your H-1B, you will then re-enter with a new H-1B visa imprint
and I-94 card reflecting the dates of your H-1B authorized period of
stay. ww.StrongVisa.com
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.