Can a person apply for H4 when there h1 is being processed.

[praveenib]

Hi i am in a situation where my H1B visa got approved and started from Oct 2013. my wife's company had filed her H1B and she got a RFE. her company reponded to the query . Can she now apply for a H4 and come to US on H4 . What will happen to her H1b petition ? If she comes here on a H4 visa and later her H1b gets approved can she start working immediately or does she have to go back to home country and get the stamping ?

[jairichi]

Hi i am in a situation where my H1B visa got approved and started from Oct 2013. my wife's company had filed her H1B and she got a RFE. her company reponded to the query . Can she now apply for a H4 and come to US on H4 . What will happen to her H1b petition ? If she comes here on a H4 visa and later her H1b gets approved can she start working immediately or does she have to go back to home country and get the stamping ?

Yes, she can enter US on a H4. But, once her H1B is approved (I believe it is a consular processing and not change of status as she is not in US) she has to exit and enter US with a H1B visa. Alternatively, her employer could request for a change of status from H4 to H1B when she in US.