H4 and H1 - parallel applications, really confused

T

theoneit

New Member
Hi,

I am really confused on how to proceed with my case.
My wife shall be going for her H4 Visas in early April(getting married end of March).
However, I would like to apply for her H1 as well on April 1st.
Can I still go for her H4 as an independent application?

Her H1 wont have her H4 visa details,as she wont be carrying one till April 1st. But once in the US on her H4,if she gets her H1 approved,would she have to leave the country and get the H1 stamped for a COA ?

Is it advisable to go for her H4 Visas on April 2nd without claiming that she has ever applied for any US Visa(H1B is applied for on Apr 1st) ?

Please advise.
 
Here, there is no confusion at all.

let her come h4 as dependent of your H1.

You file H1 before April 1, 2008.

once she arrives, after getting her H1 receipt , you send amendments (i.e) copy of her H4 visa and I 94 to USCIS, then new H1 will be considered as a change of status request from H4 to H1 and no need to go out side US for H1 visa stamping before start working on or after oct 1, 2008.


theoneit said:
Hi,

I am really confused on how to proceed with my case.
My wife shall be going for her H4 Visas in early April(getting married end of March).
However, I would like to apply for her H1 as well on April 1st.
Can I still go for her H4 as an independent application?

Her H1 wont have her H4 visa details,as she wont be carrying one till April 1st. But once in the US on her H4,if she gets her H1 approved,would she have to leave the country and get the H1 stamped for a COA ?

Is it advisable to go for her H4 Visas on April 2nd without claiming that she has ever applied for any US Visa(H1B is applied for on Apr 1st) ?

Please advise.
Click to expand...
 
That answers it all

Wooww.. great. Thanks for the precise response,just what I was looking for.

So if a change of status can be done later on,I believe it doesnt quite matter going for her H4 even on April 1st ?

This is a relief

Thanks !
 
You needn't worry - do as GreatGuru suggested ... H-4 will be issued as your dependent, after her H-1B is approved her H-4 status will be overridden from the start date mentioned in the H-1B approval notice.
 
Mind it, you must to do amendments within on or days after she arrives in April 08.

If you delay it , and the H1 is approved without amendments then she has to go out to get visa stamped before start working on or after 1 oct 2008
theoneit said:
Wooww.. great. Thanks for the precise response,just what I was looking for.

So if a change of status can be done later on,I believe it doesnt quite matter going for her H4 even on April 1st ?

This is a relief

Thanks !
Click to expand...
 
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