Applying H4 just before H1b applications

[Shinie]

Hi,

I have been following this forum and it's great information. But i havent been able to get a complete clarity on my specific case.

I am currently working in India and getting married next month(i.e.) in Feb. My fiance works on a H1b.. My company has started my H1b proceedings and as i understand it will be filed in 1st week of April.

1) I have been wondering if in the mean time i can go to US on a dependant Visa (H4) in Feb and may be come back sometime in April or later. Will this create any kind of conflict with the H1b that is being filed?

2) Reason to immediately go on a H4 is that i can simultaneously interview with other employers in US who are ready to file H1 ( Given there is a lottery system in H1 Visas, i want to keep more options in hand). Is this workable?

Any views on this will help.

[raghvi]

Hi,

I have been following this forum and it's great information. But i havent been able to get a complete clarity on my specific case.

I am currently working in India and getting married next month(i.e.) in Feb. My fiance works on a H1b.. My company has started my H1b proceedings and as i understand it will be filed in 1st week of April.

1) I have been wondering if in the mean time i can go to US on a dependant Visa (H4) in Feb and may be come back sometime in April or later. Will this create any kind of conflict with the H1b that is being filed?

2) Reason to immediately go on a H4 is that i can simultaneously interview with other employers in US who are ready to file H1 ( Given there is a lottery system in H1 Visas, i want to keep more options in hand). Is this workable?

Any views on this will help.

1. Yes it is possible, in fact if you are in US before H1 filing in April, then the employer can file a H4 to H1 COS and if approved you wouldnt need to return back to India. The caveat being you wouldnt be able to work for the Indian employer from US till 01-Oct-2014.

2. Yes it is possible.

This is my opinion not legal advice.

[Shinie]

Thanks for your reply. This helps. I want to add that " My current employer wants that i should work till October' 14 in India and then join in US as i become eligible." So, here is the scenario

1. I am getting married in Feb and want to be in US until mid April so that I can interview with other companies who are willing to file my H1. (My current employer is filing for me anyway but can't bank on the lottery system)
2. I have to be back in April because my current employer wants me to work until Oct.

How do I go about doing this?

My current approach is
1. Go to US on H4 right after my marriage in Feb and look for opportunities there
2. Simultaneously my current employer will file my H1 ( I am assuming there is no need to file for COS until my H1 is approved)
3. Assuming my H1 is approved, I go back in April to India.
4. I appear for H1 visa interview between May and September in India and fly to US around Sep 20th.

Do you see any potential issues?

[raghvi]

Thanks for your reply. This helps. I want to add that " My current employer wants that i should work till October' 14 in India and then join in US as i become eligible." So, here is the scenario

1. I am getting married in Feb and want to be in US until mid April so that I can interview with other companies who are willing to file my H1. (My current employer is filing for me anyway but can't bank on the lottery system)
2. I have to be back in April because my current employer wants me to work until Oct.

How do I go about doing this?

My current approach is
1. Go to US on H4 right after my marriage in Feb and look for opportunities there
2. Simultaneously my current employer will file my H1 ( I am assuming there is no need to file for COS until my H1 is approved)
3. Assuming my H1 is approved, I go back in April to India.
4. I appear for H1 visa interview between May and September in India and fly to US around Sep 20th.

Do you see any potential issues?

Barring the uncertainty around the lottery outcome, if at all there is lottery, I dont see any issues. Also while you are in US on H4 you cannot work for the Indian employer from US.

This is my opinion not legal advice.