QUESTION

m I allowed to enter the US on H4 visa even though the B1 visa has not been cancelled?

Asked on Apr 25th, 2012 on Immigration - Texas
More details to this question:
I have a valid B1 visa and I just applied for my H4 visa. They granted me the H4 visa but did not cancel the B1 visa. Am I allowed to enter the US on H4 visa even though the B1 visa has not been cancelled? i.e. I will have two valid visas when I enter.
Report Abuse

8 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
Update Your Profile
Yes. You will be given entry on one of the visas.
Answered on May 14th, 2012 at 11:20 AM

Report Abuse
Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
Update Your Profile
The answer is that you can have more than one valid visa. Use the correct visa to apply for admission. If you come to visit and leave, use the B-1/B-2 because this is consistent with a tourist visa. If you are coming to stay as the H-4 dependant on an H-1, then use that one. Nothing wrong with having two valid visas, you just need to make sure that you ask to be admitted using the correct visa when you arrive. CBP officers may be a little confused because most folks only carry one valid visa, but having two is not that uncommon. Lots of crewman carry a C-1/D which permits them to land temporarily in the US and to travel to and from a ship and have a B-1/B-2 to remain in the US for extended visits. Just need to make sure that you use the correct visa to enter and the correct visa will necessarily depend on your purpose in coming to the US. Good luck.
Answered on May 07th, 2012 at 1:57 PM

Report Abuse
Bankruptcy & Debt Attorney serving Phoenix, AZ at Law Office of Darshak Shah
Update Your Profile
You may enter on the H4 visa, and yes you are allowed to have two valid visas at one time, you may not have two status' as one time, when you enter on H4, your status will be H4, you may not also hold B1 status while in USA, however if you complete your H4 status and depart, if your B1 visa is still valid, you may use that to re-enter on the B1 visa and hold B1 status at a later time.
Answered on May 07th, 2012 at 1:53 PM

Report Abuse
Thomas J. Rosser
Yes, you may be allowed by the officer at the point-of-entry to enter on the approved H-2 visa even though you currently have a multiple entry B-1 visa stamp in your passport. However, the CBP officer, upon issuing you an H-4 I-94 entry document, will, in all probability, cancel your B-1 visa stamp "without prejudice" upon entry in your H-4 classification. You may be approved for more than one non-immigrant visa classification, but you are authorized to use only one visa classification at any given point in time.
Answered on May 04th, 2012 at 4:46 PM

Report Abuse
It does not matter how many visas you have in your passport; you are only using one for entry and the one you use is the status you are trying to get when you are in the US. So present the H-4 visa at the time of entry.
Answered on May 04th, 2012 at 4:37 PM

Report Abuse
It does not matter that your B1 visa has not been cancelled yet. You only need to present one visa, the H4 visa, when you enter the next time.
Answered on May 04th, 2012 at 4:34 PM

Report Abuse
Immigration Attorney serving Boulder, CO
2 Awards
Yes, you can enter on the H-4 as long as your spouse or parent is maintaining H-1B status. It does not matter that the B visa was not cancelled. You can hold two valid U.S. visas at the same time.
Answered on May 04th, 2012 at 4:34 PM

Report Abuse
Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
The H4 is your only valid visa.
Answered on May 04th, 2012 at 4:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters