H4 Visa with a pending H1 Visa - Advice needed !!

[bholebaba]

Hello folks,
I hope somebody could advice on the following issue.
I m getting married in June and will be bringing my wife on H4 Visa to US in June 2009. I m also planning to apply for her H1B Visa in April 2009.

Technically speaking, she would have a H4 Visa approved (finger crossed) and a pending H1B visa. Is this ok ? Or is it not advisable to have a pending H1B Visa with a H4 Visa application.

Please advice if you are in the same boat and or have been thru this

thanks,

BB

[bholebaba]

guys any advice !

[itzprams]

what do you mean by "pending H1B visa"

[txh1b]

The last I checked, these are two different categories of visa.

One that you are referring to as H1b visa is a petition that could be pending, not a visa. It is not an issue to get H4 visa processed with a pending H1b petition.

[bholebaba]

txh1b,

So what you are saying is " it should not be a problem to bring my fiance to the US under H-4 after I get married while her H-1B is pending. However, she may have to leave, if she gets selected for the lottery to get a new H-1B visa stamp.


I confirmed with a lawyer on this too. Do you think I should double check with another lawyer regarding this issue or this is a fairly simple thing ?

Thanks again

BB

[txh1b]

This is a fairly simple fact and doesnt need any second and third opinion.