Apply for H4 when H1 is pending/approved

[kunjet70]

Hello,

I am working here in US for the past 3 years, I am going to get married in July '10 and have some doubts regarding applying for an H4 for my fiance.

-- My current H1B visa expires on Aug30th and I already have a H1 approval notice for my renewal (which is valid till Mar 2013). I am planning to get my renewed visa stamped in the end of July.
-- My fiance, currently works for a firm in India who has started applying for a H1B visa for her. They had applied for her H4 in 2007 which did not get selected in the lottery.
-- Till the time we are married I am not sure, if the H1B her company is applying will be pending/approved. So I am going to apply for her H4 after our marriage.

Can you help me with the following questions.
1. Is it OK to apply for an H4 when her H1 is approved OR pending?
2. Do we need to mention in the DS160 that this H1 petition has been applied for and the current status?
3. Can we take an appointment together for my H1B renewal stamping and her H4? Would it matter that I am getting mine renewed and she is a new applicant and we have to take separate appointments?
4. If we can take a single appointment, should we fill out a single DS160 for me and put her as a dependent?
5. If the H1 is approved later on or maybe earlier, and her company gives here an assignment here, can she just start working in US w/o having to go back and get her H1 stamped?

I would really appreciate help on this matter. Thank you in advance.

[shervin143]

1. Is it OK to apply for an H4 when her H1 is approved OR pending?
>>> Yes.

2. Do we need to mention in the DS160 that this H1 petition has been applied for and the current status?
>>> If there is such a question, then yes.

3. Can we take an appointment together for my H1B renewal stamping and her H4? Would it matter that I am getting mine renewed and she is a new applicant and we have to take separate appointments?
>>> No issues. You can take the appointment together.

4. If we can take a single appointment, should we fill out a single DS160 for me and put her as a dependent?
>>> After completing your Ds-160 you will have an option to add the dependents. You will need to fill the Ds-160 for each dependent that you add.

5. If the H1 is approved later on or maybe earlier, and her company gives here an assignment here, can she just start working in US w/o having to go back and get her H1 stamped?
>>> That is not possible. If she enters U.S in H4 visa, then her status will be H4. She cannot work in H4 status. She will either need to go out and get it stamped and return back in H1B visa or apply for a COS from H4 to H1B. In case if a COS, until the COS is approved, she cannot work.

[kunjet70]

Thank you for the quick response !!