H4 and H1 at same time

[digant_singh]

Me and my wife have both applied for H1. Mine was a premium procesing so mine approval has already come but hers will take some time to come I guess.

My petition is for the effective beginning Oct 05.
My question is can my wife get an H4 now and whenever her H1 comes she can get her H1. are there any regulation governing this scenario.

if her H1 comes after she has travlled to US on H4, can she get her H1 stamped there.
If in case, her H1 comes before travelling to US and after stamping of H4, in that case what happens to her H4.

 

[great guru]

Me and my wife have both applied for H1. Mine was a premium procesing so mine approval has already come but hers will take some time to come I guess.

My petition is for the effective beginning Oct 05.
My question is can my wife get an H4 now and whenever her H1 comes she can get her H1. are there any regulation governing this scenario.

if her H1 comes after she has travlled to US on H4, can she get her H1 stamped there.
If in case, her H1 comes before travelling to US and after stamping of H4, in that case what happens to her H4.

Tell me Where are you residing now? If in US what is your status.

 

[digant_singh]

i am currently in malaysia...and wud be going to US in first week of october...me and my wide are permanet resident of malaysia and so would be getting my h1 & h4 stamped in malaysia itself...

 

[great guru]

i am currently in malaysia...and wud be going to US in first week of october...me and my wide are permanet resident of malaysia and so would be getting my h1 & h4 stamped in malaysia itself...

OK. If your wife h4 stamped in Malaysia and you entered into US (assusmed yur's wife H1 is already applied, even before you enter US), she can not work with approved H1. She has to get her H1 stamped and get I 94 with Caveat of H1 to start work.

If she enter US, and then apply for H1 she can start working once she get change of Status from H4 to H1 without going outside US.