Can a H4 candidate file H1B when her H4 extension is not not applied yet?

[somik]

Hi,
I am on H4 Visa which is expiring on 15'th Aug 2013.My husband's company will apply for my extension sometime around June/July 2013. I wish to apply for H1B via another company on April 2013 which will become active from 1st Oct 2013. Assuming that by the time USCIS adjudicates my H1B case, my H4 filing will be done -
My question is will USCIS be able to relate the H1B to my H4 extension while taking a decision? Or they might cancel my H1B on the ground that my H4 is valid till 15th Aug only?
Or i can expect some sort of RFE for my H1B - asking for H4 extension details?
If my H1B gets rejected somehow, will I at least get my H4 extension approved? This question is really important because i need to know that at least i will have a VISA or not at the end.

Regards,
Rajneeta

 

[whitemimauz3]

Your new H-1B will kick in from 10/01/2013. Until that time you should be on H-4 status. Your H-4 status is derived from principal H-1B beneficiary your husband, as long as he is maintaining H-1B status, you are in turn will also be maintaining H-4 status, and yes when USCIS approves your H-1B petition they would like to see your husband's pay stubs to figure out whether he is maintaining H-1B status.