Apply H1, current status is H4, AOS pending. UN, Realcanadadian, everyone else

[needgchelp]

Friends,

My wife is in pending AOS status. She is on H4 awaiting for her EAD, which was applied last month.

Now to be on safer side, we also want to apply for her h1-b in april quota next month. Per my understanding though we have applied for her GC, we still can apply for h1, right??

On h1-b petition there is a qustion; "Do you have pending AOS application or something similar". Obviously we would answer "YES". Would this be a problem in getting h1-b approved?

Our lawyer was concerned with above question. please advise.

 

[TheRealCanadian]

Now to be on safer side, we also want to apply for her h1-b in april quota next month. Per my understanding though we have applied for her GC, we still can apply for h1, right??

Of course.

On h1-b petition there is a qustion; "Do you have pending AOS application or something similar". Obviously we would answer "YES". Would this be a problem in getting h1-b approved? Our lawyer was concerned with above question. please advise.

You should be concerned with your lawyer - dual intent protection for H and L status has been around since 1990, over a decade and a half ago. What kind of an attorney do you have?