H4 visa stamping when H1B is in progress

[nit_2012]

Hi Experts,

I need one suggestion real quick. I am in USA working on H1B. I am going to get marry in May 2015. Currently my fiancee is working for a company in India. We are planning to file her H1B petition with one employer in April 2015.

Now my question is if her petition is get picked in lottery, can we still go for H4 visa stamping in May 2015 after our marriage.

If her H1B get approved by May 2015, and we go for H4 stamping will her H4 get rejected. If H4 approved, is her H1 become invalid.


Need suggestion real quick as I have to take a decision based on that.

Many thanks in advance.

NK

[raghvi]

Hi Experts,

I need one suggestion real quick. I am in USA working on H1B. I am going to get marry in May 2015. Currently my fiancee is working for a company in India. We are planning to file her H1B petition with one employer in April 2015.

Now my question is if her petition is get picked in lottery, can we still go for H4 visa stamping in May 2015 after our marriage.

If her H1B get approved by May 2015, and we go for H4 stamping will her H4 get rejected. If H4 approved, is her H1 become invalid.


Need suggestion real quick as I have to take a decision based on that.

Many thanks in advance.

NK

Yes she can still apply for H4, I dont see any issue. Also, her H1 petition would still be entertained even if she moves to H4.

This is my opinion not legal advice.

[nit_2012]

Thanks Raghavi.

Yes she can still apply for H4, I dont see any issue. Also, her H1 petition would still be entertained even if she moves to H4.

This is my opinion not legal advice.

Do you know any attorney who can confirm on this. Please share the contact

[raghvi]

Do you know any attorney who can confirm on this. Please share the contact

The attorneys filing her H1 should be able to confirm.

This is my opinion not legal advice.