Applyinh H1 and H4 at same time

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Hi,

Me and my wife both are working with 2 different IT companies and my wife's H1 is approved since last year and she is going for her stamping this month and would be flying by the next. My company has filed an application for my H1 and the lottery result is still awaited. Now my wife wants me to get my H4 done with her stamping, now in that case if I go for H4 and later my H1 comes up in lottery will there be any issues as I would be having an H4 already and and H1 is also approved. Please let me know the best solution for this. Also can a working spouse (Working in India) travel on H4? Is it leagal?

[raghvi]

Hi,

Me and my wife both are working with 2 different IT companies and my wife's H1 is approved since last year and she is going for her stamping this month and would be flying by the next. My company has filed an application for my H1 and the lottery result is still awaited. Now my wife wants me to get my H4 done with her stamping, now in that case if I go for H4 and later my H1 comes up in lottery will there be any issues as I would be having an H4 already and and H1 is also approved. Please let me know the best solution for this. Also can a working spouse (Working in India) travel on H4? Is it leagal?

I dont see any issues. If your H1 approval comes you can later on attend H1 stamping for yourself. You can have both H4 visa and H1 Visa in passport but of course at the time of entry in US you have to tell which visa you are coming on and show the corresponding documents.

Of course its legal for a working spouse to travel on H4. But you cannot work while in US.

This is my opinion not legal advice.

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I dont see any issues. If your H1 approval comes you can later on attend H1 stamping for yourself. You can have both H4 visa and H1 Visa in passport but of course at the time of entry in US you have to tell which visa you are coming on and show the corresponding documents.

Of course its legal for a working spouse to travel on H4. But you cannot work while in US.

This is my opinion not legal advice.

Thanks Raghvi... one more question and this one is from my wife she has worked for a BPO company after her college for 6 months and she has not shown that experience anywhere in her IT career and nor in H1 forms, now in her background check is there any chance they would get to know about it and it can cause any issues?

[raghvi]

I personally would advise not to hide anything but dont see a big concern in not showing a particular experience . Its way better than showing **** experience :-).

I dont think it will come up in background check unless it was for fraud.

This is my opinion not legal advice,