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L1B to H4 / H1B: Urgent

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  • L1B to H4 / H1B: Urgent

    Hi,
    I entered the US on an L1B visa which got expired Oct, 2013. But since my I-94 was upto Oct, 2014 I could continue to work. My company applied for L1B extension in Oct, 2014 under Regular processing. We will be changing the petition to premium next week so that we would know if we need to apply for H1B in case of L1 rejection.

    If my L1B extension gets reject I will need to leave the country immediately. My company will then file for H1B on Apr 1(2015). My husband is currently in the US on H1B visa and we want to apply for H4 visa as well so that i can come to the US for some time (on loss of pay from my indian organization) around May


    1. Can we file for H4 visa after H1B petition has been filed on April 1? Or do we need to file H4 as soon as I go back to India
    2. If I have a unused H4 visa (filed before April 1) when filing for H1B, will that pose a problem to my petition
    3. In case we file H4 after the H1B petition is already filed, can my company file a COS from H4 to H1 later?


    Thanks in advance.

  • #2
    One can have H4 visa and H1 visa at the same time. No issue with applying for H4 visa when you H1 in the U.S. is under processing. What you are thinking all seems possible.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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