H4 Stamping when H1B is in progress

[nit_2012]

Hi Experts,

 

I need one suggestion real quick. I am in USA working on H1B. I am going to get marry in May 2015. Currently my fiancee is working for a company in India. We are planning to file her H1B petition with one employer in April 2015. 

 

Now my question is if her petition is get picked in lottery, can we still go for H4 visa stamping in May 2015 after our marriage. 

 

If her H1B get approved by May 2015, and we go for H4 stamping will her H4 get rejected. If H4 approved, is her H1 become invalid.

 

 

Need suggestion real quick as I have to take a decision based on that.

 

Many thanks in advance.

 

NK

[nit_2012]

Any input guys..

[jairichi]

Yes, she can go for H4 visa stamping when her H1B petition is in progress or approved. When she would like to start working for H1B employer she has to enter US with a valid H1B visa and I797.

[pontevecchio]

She can come over in H4 status even if her H1 petition is approved.

[rahul412]

She can get her H4 at any time.

[Nav_Dhar]

Hi,

 

Me too looking for this same info.

Any details on this is much appreciated.

 

Thanks,

NP

[Nav_Dhar]

Hi All,

 

If she entered US in H4 VISA and later by October/September the H1B got approved, she should re-enter US with a valid H1B visa? Or can she change the H4 to H1B VISA here at US and start working?

 

 

Thanks,

NP

[jairichi]

Hi All,

 

If she entered US in H4 VISA and later by October/September the H1B got approved, she should re-enter US with a valid H1B visa? Or can she change the H4 to H1B VISA here at US and start working?

 

 

Thanks,

NP

If she wants to start working on H1B then a H1B visa entry is required. If she enters US on H4 then employer has to file a COS to H1B and pay H1B fee again. Only after approval she can start working.