Question about filing for both H1 and H4 simultaneously

[ajnd80]

Hi all,
I am currently on F1 status (OPT). My company is filing for my change of status to H1 visa, together with an H4 filing for my wife, who is on F2 visa. In the meanwhile, she would also like to file for her own H1 visa. Is it OK to file for both H1 and H4 visas?

thanks,

A

 

[great guru]

If you are unsure of your status and thier validity, and also unsure of approvability of h1, applying H1 & H4 simultaneously as redundancy is a good practice.
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Hi all,
I am currently on F1 status (OPT). My company is filing for my change of status to H1 visa, together with an H4 filing for my wife, who is on F2 visa. In the meanwhile, she would also like to file for her own H1 visa. Is it OK to file for both H1 and H4 visas?

thanks,

A

 

[ajnd80]

Thanks for the quick reply, great_guru. So, in case my wife applies for both H1 and H4 (using my company) and both of the petitions are approved, what will she need to do to 'tell' USCIS that she will choose to be on H1 and not H4?

thanks,

A

 

[great guru]

While applying simultaneously you must give cross references for H1 to h4 and H4 to H1.

If both come to approval stage at the same time , your attorney may get a call from USCIS, or upon approval of H1 you have to withdraw the H4 as instructed by USCIS.
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Thanks for the quick reply, great_guru. So, in case my wife applies for both H1 and H4 (using my company) and both of the petitions are approved, what will she need to do to 'tell' USCIS that she will choose to be on H1 and not H4?

thanks,

A