Can a H4 candidate file H1B when her H4 extension is in filed status?

[Somik]

Hi,
I am in H4 visa now in US which will expire on Aug'15th 2013. I am planning to file H1B Visa in April '13. My husband will file his H1B extension and my H4 extension on Feb/Mar'13 because his visa is also expiring on 15th Aug'13. So my question is that -is it legal to apply for a H1B visa on April'13 when a H4 extension is in filed status by my name ?

Regards,
Rajneeta

[raghvi]

Hi,
I am in H4 visa now in US which will expire on Aug'15th 2013. I am planning to file H1B Visa in April '13. My husband will file his H1B extension and my H4 extension on Feb/Mar'13 because his visa is also expiring on 15th Aug'13. So my question is that -is it legal to apply for a H1B visa on April'13 when a H4 extension is in filed status by my name ?

Regards,
Rajneeta

yes one can. There is nothing illegal about it. This is my opinion not legal advoce