H4 visa while H1 application is pending

[jain2]

Hello all,

I am in US on H1B. My wife will be applying for H1B visa this April.

1) Can we apply for her H4 visa while her h1b application is pending so that she can come and stay in US till her H1 gets approved?

2) If her H1 gets approved, can she switch her visa to H1 within US?

[Subramanya]

H4 and H1 issues

I am in US on H1B. My wife will be applying for H1B visa this April.

1) Can we apply for her H4 visa while her h1b application is pending so that she can come and stay in US till her H1 gets approved?

---- Yes, your wife can apply for the H4 Visa and come to US. But the H1 approval will not come with an I-94 attached. This means she will not be able to work on the H1 till she gets a H1 Visa stamp on her Passport

2) If her H1 gets approved, can she switch her visa to H1 within US?

---- As written above, the H1 approval will not come with an attached I-94. This forces her to go out of the country to get a H1 Visa stamp on her Passport

Subramanya