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Applying for H4 while H1 is still in processing.

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  • Subramanya
    replied
    H4 and H1 issues

    I am planning on getting married in April end and my fiancée is in India.

    Last year H1B quota got over some time in May and I guess this time it might get over even sooner. So, In order to avoid missing on the H1B for my wife, I am planning to apply for her H1B while she is in India (say around April) itself and bring her to US on H4 visa (around May) while her H1B application is still in processing.
    I had few question about our situation:

    1. Will we be running any risk of denial of any of the visas considering that she will be entering on H4 while her H1B application will still be in processing with INS?

    ---- NO, the Visas may not be denied, but the H1 may not be accompanied by I-94 in which case you may have to go out of the country and get the Visa issued, affixed on the Passport

    2. If she is able enter US on H4 visa, will she be able to work on H1B once she get her H1B approval in October?

    ---- If the H1 is accompanied by a I-94 then she will be able to work, else see above response

    Subramanya

    I will greatly appreciate your help if you could provide me relevant information regarding my situation.

    Leave a comment:


  • neeraj79
    started a topic Applying for H4 while H1 is still in processing.

    Applying for H4 while H1 is still in processing.

    I am planning on getting married in April end and my fiancée is in India.

    Last year H1B quota got over some time in May and I guess this time it might get over even sooner. So, In order to avoid missing on the H1B for my wife, I am planning to apply for her H1B while she is in India (say around April) itself and bring her to US on H4 visa (around May) while her H1B application is still in processing.
    I had few question about our situation:

    1. Will we be running any risk of denial of any of the visas considering that she will be entering on H4 while her H1B application will still be in processing with INS?
    2. If she is able enter US on H4 visa, will she be able to work on H1B once she get her H1B approval in October?

    I will greatly appreciate your help if you could provide me relevant information regarding my situation.

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