Getting H4B before H1B

[ariesb2b]

I have H1B work permit and have gotten my visa stamped. I will be travelling to US soon. I want to take my wife along on H4B. She works in a different company and her employer will also be filing her H1B this time ( 1st april 2015).

Is it ok if i get H4B stamped for her right now? Will it create any problem for her in H1B stamping?
She will be travelling with me on 3 months leave, so if she gets selected after lottery process for H1B, will she has to come back?
Can you have valid H4B and then H1b work permits at same time?

[raghvi]

I have H1B work permit and have gotten my visa stamped. I will be travelling to US soon. I want to take my wife along on H4B. She works in a different company and her employer will also be filing her H1B this time ( 1st april 2015).

Is it ok if i get H4B stamped for her right now? Will it create any problem for her in H1B stamping?
She will be travelling with me on 3 months leave, so if she gets selected after lottery process for H1B, will she has to come back?
Can you have valid H4B and then H1b work permits at same time?

When exactly are you two traveling into US? If yoru spouse is in US on 01-April-2015, would her employer file H1 as consular process or COS?

Whether she needs to travel back or not depends upon how H1 is filed and how long her employer is willing for her to be away from work. As H1 can start only from Oct -2015 I doubt the company will be fine with her not being able to work from Jan till Oct.

Visa, petition, status are different things. One can have two valid visa in passport but every time one enters US one has to declare on what visa they are entering. Also one can have only one status while in US.

This is my opinion not legal advice.

[ariesb2b]

When exactly are you two traveling into US? If yoru spouse is in US on 01-April-2015, would her employer file H1 as consular process or COS?

Whether she needs to travel back or not depends upon how H1 is filed and how long her employer is willing for her to be away from work. As H1 can start only from Oct -2015 I doubt the company will be fine with her not being able to work from Jan till Oct.

Visa, petition, status are different things. One can have two valid visa in passport but every time one enters US one has to declare on what visa they are entering. Also one can have only one status while in US.

This is my opinion not legal advice.

She will come back to India before 1st april so it will filed via regular process. Her employer is ok for 45 days leaves right now.
If she get through the lottery, then she can stay back, otherwise travel back on H4.