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1) when I go for stamping h1 will my h4 be cancelled? 2) if h1 visa is rejected , can I travel back on h4?

Jersey City, NJ |

I hold valid h4 till 2014 now h1 petition is approved and I will be travelling for h1visa interview.No COS change of status applied.

Attorney Answers 2


  1. You will have both stamps on your passport. When you travel to the US, at the port of entry you tell the CBP officer on what status you are entering.


  2. 1) Unlikely. Use H-1B to join the employer to work. Do not enter on H-1B to be interviewed for work.
    2) Yes, as long as you are entering the U.S. to join your spouse who is maintaining H-1B status

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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