Is H4 honoured while H1 is in process(applied-Not approved)?

[raghuramonline]

I am getting married in India on Apr 18th,08 and my fiance presently resides in India. I want to apply for H1 for her in this year(Apr 1st, 08) bring her along with me on H4 visa to US.

The sequence of things which I am planning are:

1) Apr 1st 08 - apply for H1 for my fiancee
2) Apr 18 - get married
3) Apr 25th - apply for H4 visa for my fiancee.

when I apply for H4, wud the already applied H1 get invalidated?

In my case, what would be the best thing to get both H4 and H1 for my fiancee in this year? Your help is highly appreciated.

Regards
Raghuram

[Subramanya]

H1 and H4 issues

I am getting married in India on Apr 18th,08 and my fiance presently resides in India. I want to apply for H1 for her in this year(Apr 1st, 08) bring her along with me on H4 visa to US.

The sequence of things which I am planning are:

1) Apr 1st 08 - apply for H1 for my fiancee
2) Apr 18 - get married
3) Apr 25th - apply for H4 visa for my fiancee.

---- There is no need to post your query twice with differennt titles

when I apply for H4, wud the already applied H1 get invalidated?

---- If you are applying for your H4, then you are dependent on your spouse having a H1

---- However, you seem to be asking if your wife applied for H4, would her H1 get invalidated and the answer is NO

In my case, what would be the best thing to get both H4 and H1 for my fiancee in this year? Your help is highly appreciated.

---- The safer way is to apply for a H1 while the person is in US on H4

---- If your wife has applied for H1 while she is in India, comes to the US on H4 and if the H1 is approved, she may have to leave the country to go to a US Consulate either in Canada/Mexico or India

---- Mostly (or all the time), the H1 approval notice will come with an attachment as to which Consulate to attend in India (as she would have applied from India) depending on the address you have provided to the USCIS in the I-129 application while applying for H1

---- Seeking a COS form H4 to H1 while residing within the US is possible, but it takes a long time (4-6 months). This is the scenario of all applicants who have applied for a H1 while residing outside the US

---- At best you have to consider the options. Ideally, if the person is in US on H4 and applies for H1 on April 1st, 2008, then a COS is possible. But as per the dates given in the post, that does not seem to be feasible

Subramanya