Travel to USA on H4 visa while H1B application is in progress (fresh 2020 quota)

[Ajit_1985]

Hi,

My wife's H1B visa (on fresh 2020 quota) will be filed by her current employer during the first week of April 2019. It will go through the lottery process and if selected, will be processed this year. She is currently working in India location for the employer who will be filing her H1B. 

I have a few questions related to this:

1. Can she travel to the US on H4 visa for 2-3 months (April -Jun) while her H1B visa application is in progress? 

2. If she decides to come to the US for a vacation, does she have to go back to India if her H1B application is selected in the lottery process for smooth processing of H1B visa? Is there a chance of getting an RFE or denial in case she is in the US on H4 visa while her H1B is being processed?

3. I have approved I140 and valid visa. Can I apply for her H4-EAD while she is in the USA? Will it impact the H1B application?

[adshah84]

1. Yes

2. No but if she wants to activate her H1b she will have to go back and get H1b Stamp. 

3. Yes you can apply for H4 EAD. No impact on H1b application.