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Applying for H4 after applying H1

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  • Applying for H4 after applying H1

    Hi , I need experts advice on my current situation. I came to US on H1B.

    I've applied H1B for my wife in this year (2014) quota , her application got picked in lottery and now application is in "initial review".

    Now , I want to bring her on H4 without waiting till October 2014.
    I'm planning to send her to H4 stamping. Can someone suggest me , If this is legal and she can travel to US if her H4 gets stamped.

    What happens if her H1 approves before she travel ? Can she still travel on H4 ?

    Thanks,
    Sri

  • #2
    Originally posted by snvsnannapa View Post
    Hi , I need experts advice on my current situation. I came to US on H1B.

    I've applied H1B for my wife in this year (2014) quota , her application got picked in lottery and now application is in "initial review".

    Now , I want to bring her on H4 without waiting till October 2014.
    I'm planning to send her to H4 stamping. Can someone suggest me , If this is legal and she can travel to US if her H4 gets stamped.

    What happens if her H1 approves before she travel ? Can she still travel on H4 ?

    Thanks,
    Sri
    No issues, she can travel on H4 visa as long as she has a H4 stamped.

    As she was outside US during H1 filing her H1 , even if approved would be approved as consular process. In order for her to move from H4 to H1 while in US, a Change of Status has to be applied .

    This is my opinion not legal advice.

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    • #3
      Applying for H4 after applying H1

      Same is the case with me.
      I wanna take my wife on H4 next month Aug and H1b is already filed and been selected in lottery.
      Some say if I do her H4 stamping H1 will become Invalid! not sure what to do

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