L2 to H1 and L2 to H4

[richesh07]

Hi, 

 

I'm on L1B and my wife is on L2-EAD. My ma out date is 04/04/2015. My current employer is filing H1 for me in April, 2014. They want to file H4 for my wife as well at the same time which will be effective Oct'2014. My wife is on EAD and currently works for an employer. Her employer is filing her H1B.

 

1) My first question is " What happens if my wife's employer files H1B for her and my employer files H4 for her in April'2014 ?" Can she get both approved and chose to stay on one ? Or this may result in both H1B and H4 rejections ?  

 

2) Secondly, What happens if I get only her H1B filed and it gets rejected? I believe she will still hold L2 status till Oct'2014. Can H4 be still filed anytime between April'2014 and Oct'2014 once I get my H1B approved ?

 

Thanks!

[jairichi]

Hi, 

 

I'm on L1B and my wife is on L2-EAD. My ma out date is 04/04/2015. My current employer is filing H1 for me in April, 2014. They want to file H4 for my wife as well at the same time which will be effective Oct'2014. My wife is on EAD and currently works for an employer. Her employer is filing her H1B.

 

1) My first question is " What happens if my wife's employer files H1B for her and my employer files H4 for her in April'2014 ?" Can she get both approved and chose to stay on one ? Or this may result in both H1B and H4 rejections ?  

 

2) Secondly, What happens if I get only her H1B filed and it gets rejected? I believe she will still hold L2 status till Oct'2014. Can H4 be still filed anytime between April'2014 and Oct'2014 once I get my H1B approved ?

 

Thanks!

1. It could be done. If H4 get approved after H1B approval in Oct 2014 she will be on H4 status. To get back to H1B either her employer applies again for COS or she exits and enters US on H1B visa. 

2. Yes.

[pontevecchio]

Have your H1 company not file her H4. She can file her COS to H4 any day before October,1 if your H1 is approved. If her H1 petition is approved with COS first she is OK. If denied she can then file for H4. Worst case scenario is getting the H1 visa.