Can I apply for H1B while my H4 extension is pending?

P

ppt275

New Member
My husbands H1 expired in June. We have filed for extension(of his H1 and my H4), but not yet recieved it. (normal processing)
Meanswhile, I have got a job offer, and would need to start processing my H1B A.S.A.P (before the quota for this year gets over)


My doubts is:

Is it is possible to apply for H1B while your H4 is pending. Is it risky

Or,

Is it better to wait till the extension comes through and then apply for H1B?

Please do help me.
 
actually you can apply for H1B asap using the old I-94 and the ext application as proof of status maintainence, as soon as you get approval if premium processing or after you get receipt if regular filing, do withdraw the H4 ext application

applying now will keep you within quota
 
Dear waitin_toolong,
I just recieved from bad news from my lawyer.
He tells me that we cannot go ahead with the filing for H1B and will have to wait till the H4 extension approval come through!
This seems like a complete no-win sitation for me. Since I had filed for extension in May, there is no way an approval is going to come through before 2 months (and I am being optimistic!). Thats what the online status leads you to believe. I can't imagine why he can't file now.
I don't know whether the lawyer is right.
What do you think I should do?
Believe this guy and jeopardise my chances of getting an H1B?
or
Consult another lawyer and get a second opinion?

Do you know any cases where a simlar case as mine has happened and there has been a successful H!B approval while H4 was pending?


Please advice!
 
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