Can we file both H1b & H4 at the same time?

[dheeru21]

I’m trying to file for H-1b for my fiancée in this April’2013 quota and she is in India now.

I have a couple of questions regarding this:

· If she gets an approval she needs to start in October as per the rule, but my marriage is in June can I bring her on H-4 (dependent visa) before october?

· Will there be any conflict when she goes for H-4 stamping in June as I already applied for H-1 and it is under process?

· In case if she comes on H-4, can she change her status to H-1 this October if she gets an approval? Should she go back to India and get her H-1B stamping done?

· In case if she needs to go back to India for H-1B stamping, if that rejects can she still come back on H-4?

I greatly appreciate all your responses and help regarding this.

As I do not have much time your timely response will be appreciated.

Thank you all.

[nineballs]

I would say - Keep things simple. when does she want to travel to the US? if before, October, then definitely on H4. Since, She won't be able to travel on H1 before Sep 20th (in case the start date is Oct 1st)..

If after Oct 1st, then H1. I think you need to make up your mind and decide between H1 and H4. whatever status your would be wife wants in the US, you should go for that visa stamping. Over-complicating things always makes a mess.

[t75]

YOU cannot file an H-1B for your fiancee. LET HER GET HER OWN JOB. Your attitude and her complicity in it is demonstrates what is wrong with H1B. YOU claiming you are going to file for indicates that she is incompetent or lazy or both. She needs to learn what it takes to work in the US. Make suggestions, but SHE needs to do the work to get her own job.

[wiweq]

Four things:

1. You don’t file H1b, an employer does.

2. Paying for H1b fees by employee is illegal, against the law.

3. H4 and H1b can be filled at the same time.

4. There no simple H4to H1 COS, the I129/ H1b petition should be filed again.