Questions about h4 and H1 Visa for same person

[papum]

Hi

I have some questions about H1B and H4 visas. I am having H1B and working here in USA for more than 1.5 years. I am getting married in June 2006 . We have taken a interview date in India for H4 visa in June 2006. Below are questions which I want to ask:

• Even if we have H4 interview date can we go ahead and apply for H1B for her now or need to wait until she comes to USA ?
• If yes we can apply for H1B before her interview date for H4 , Will there be any problem for getting her H4 approved in June 2006 while H1B application is also under process for her ?
• If we apply for H4 in June and apply for H1 now, if H1 get approved before she went for H4 interview , will they cancel the H1B or reject the H4 or cancel the interview ?
• If we apply for H4 in June and apply for H1 now, if H1 get approved after she got H4 stamped , will she be able to enter in USA on H4 or she need to have H1 stamped if it got approved before she arrives in USA ?

Thanks for your help .

[vgchalla]

Even if we have H4 interview date can we go ahead and apply for H1B for her now or need to wait until she comes to USA ?
YES YOU CAN APPLY FOR H1 THERE SHOULD NE BE PROBLEM

If yes we can apply for H1B before her interview date for H4 , Will there be any problem for getting her H4 approved in June 2006 while H1B application is also under process for her ?
NO THERE SHOULD NOT BE PROBLEM FOR H4 IF ALL THE SUPPORTING DOCUMENTS FOR H4 EXIST

If we apply for H4 in June and apply for H1 now, if H1 get approved before she went for H4 interview , will they cancel the H1B or reject the H4 or cancel the interview ?
NO THEY WON'T CANCEL ANYTHING. IF H1 IS APPROVED AND STILL YOU GO FOR H4 STAMPING THEN YOU CAN ENTER US IN H4 VISA ONLY AND YOUR WIFE CANNOT WORK ON H1 EVENTHOUGH SHE HOLDS H1 VISA. AS AT PORT OF ENTRY SHE WILL BE SPECIFYING THAT SHE IS COMING INTO THE COUNTRY ON H4 VISA AND I-94 WILL BE GIVEN ACCORDING TO THAT, SHE CANNOT APPLY FOR SOCIAL SECURITY NUMBER WITH THAT VISA AND I-94. THIS SHOULD ANSWER YOU 4 QUESTION TOO.
I WOULD

I WOULD SUGGEST IF YOUR WIFE H1 GETS APPROVED THEN IT IS BETTER TO GO FOR H1 VISA INTERVIEW THEN H4 IF YOUR WIFE IS PLANNING TO WORK HERE.

If we apply for H4 in June and apply for H1 now, if H1 get approved after she got H4 stamped , will she be able to enter in USA on H4 or she need to have H1 stamped if it got approved before she arrives in USA ?
SHE CAN ENTER US WITH H4 VISA BUT CANNOT WORK IN THAT CONDITION. IF SHE IS PLANNING TO WORK HERE THEN SHE NEEDS H1 STAMPING DONE ON HER PASSPORT.

[papum]

IF she holds H1 Visa and entering on H4 visa , then why dont she can work on H1 as she holds it. As in the example of when a student in USA goes from F1 to H1 he does not need the stamping to work while he need the stamping when he/she is returning back to USA?

[rsgautam]

Be careful and get advise from your company attorney. What I know is that you cannot hold both H1 and H4 at the same time.

[sridharg]

hi..
i am also facing with the same situation...if you happen to know any more info... please also let me know


i also want to ask one more possibility to your question.

what if she recives her H4 and recives the H1 approval after reaching US. then what would be the situation.

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