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Applying H1 in march-2015 and H4 in April-2015 - Will H1 be nullified?

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  • Applying H1 in march-2015 and H4 in April-2015 - Will H1 be nullified?

    I want to file H1 for my wife by March end in 2015 and then I want to apply for H4 in April. Is this possible?
    I heard from someone that if I do this then most recent visa application would be considered and the other one will be cancelled, meaning that H4 once approved in april will
    nullify the H1. Is it true? Right now its not possible for me to apply H4 for her before April.

  • #2
    Originally posted by Dhruv.far View Post
    I want to file H1 for my wife by March end in 2015 and then I want to apply for H4 in April. Is this possible?
    I heard from someone that if I do this then most recent visa application would be considered and the other one will be cancelled, meaning that H4 once approved in april will
    nullify the H1. Is it true? Right now its not possible for me to apply H4 for her before April.
    Is your wife outside US? If yes, I don't see any issue, both H1 and H4 applications can be filed. But eventually she would have to decide if she wants to enter US on H4 or on H1.

    Also, fail to understand, why is it not possible to file for her H4 before April?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Is your wife outside US? If yes, I don't see any issue, both H1 and H4 applications can be filed. But eventually she would have to decide if she wants to enter US on H4 or on H1.

      Also, fail to understand, why is it not possible to file for her H4 before April?

      This is my opinion not legal advice.

      Thanks Raghvi. She is currently in India and I am in USA. We are getting married in April so can't get H4 before that. We are looking to get her H1 filed by some employer in march instead of loosing one year, since H1 are hard to get these days.

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      • #4
        Well then am assuming that she would be coming with you in April on H4 visa. Once in US on H4, and if her H1 petition was approved, if she needs to start working, her employer can file a Change Of Status from H4 to H1 and she can start working around Oct 2015.

        This is my opinion not legal advice.

        Comment

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