Hi All,
My fiancée is in India. She has worked in Europe for few years and now a company in US is planning to apply for her H1 on April 1, 2007 that will start on Oct 1. I am on H1 and will leave for India to get married in the last week of June. On June 28 we plan to take the H4 visa date. So the plan will be:
April 1 -> H1 application and it will be in progress around (~may be) August 07 till the I-797 is issued.
June 28 -> H4 application & Stamp
After coming to US the status would be:
July 1- Sept 30 -> H4
Oct 1 -> H1
Two Scenarios may arise:
1. By June 28 the H1 /I-797 is issued (i.e. Filing H4 after H1 is approved - meaning having H4 and H1 at the same time on June 29.)
2. By June 28 the H1 /I-797 is not issued (i.e. Filing H4 while H1 processing is in progress)
Are both these scenarios legitimate in the eyes of USCIS?
Your comments would be appreciated.
Thanks!
My fiancée is in India. She has worked in Europe for few years and now a company in US is planning to apply for her H1 on April 1, 2007 that will start on Oct 1. I am on H1 and will leave for India to get married in the last week of June. On June 28 we plan to take the H4 visa date. So the plan will be:
April 1 -> H1 application and it will be in progress around (~may be) August 07 till the I-797 is issued.
June 28 -> H4 application & Stamp
After coming to US the status would be:
July 1- Sept 30 -> H4
Oct 1 -> H1
Two Scenarios may arise:
1. By June 28 the H1 /I-797 is issued (i.e. Filing H4 after H1 is approved - meaning having H4 and H1 at the same time on June 29.)
2. By June 28 the H1 /I-797 is not issued (i.e. Filing H4 while H1 processing is in progress)
Are both these scenarios legitimate in the eyes of USCIS?
Your comments would be appreciated.
Thanks!