Can i apply for the H1-B and H4 simultaniously.

[venkat_nalluri]

Dear All,

This is Venkat. I have booked my slot for the H4 visa on June lastweek.now i would like to apply for the H1-B also for the year 2006. Can i apply for the H1-B simultanioulsy with my H4( Which is under process)?.( I am planning to go to U.S. on my H4 visa(if i will get stamped), by the time my H1-B will get approved(if at all i will apply for it now), i will be in U.S., so legally i can start my job Oct or Nov-2006 onwards. Once i am back to India , i will attend the consulate for H1-B for stampaing.)
Can i do the process as per my plan? Please suggesat me in this reagrd. your valuable responses/suggesstions are highly appreciated.

Thanks in advance

Venkat

[vijaysank]

ok here is what I know.
If You are in L1 ( For example ) and working in US You can very well apply for H1 and start work by oct of the year correspondingly. As long as you are not activating the H1 status you remain in L1. So applying for differnent status - Yes You can. All matters is which status you are. Remember H1 has always the preference so it overrides your existent status , so You need to keep update your employeer ( H1 consultancy) when to activate.
Note this is not a legal advise.