Travel on H4 when H1 is in processing


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I am having h1 visa and will be moving to US in April first week.

My spouse will be applying h1 petition this April 2014. After applying for h1 can he go for h4 visa interview in June 2014. Can he come to US on H4 and then get converted to H1?



Yes, he can apply for a H4 visa and enter US. To convert H4 to H1B his employer has to file for COS and pay H1B fees again.

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Thanks a lot for the reply.

Will there be any issue for him to enter US on H4 if H1 gets approved before he reaches US?

Will there be any advantage if H1 gets approved after he comes to US?

In both the cases H1B fees has to be payed?

No issues or advantages. Once spouse enters with H4 visa after April either before or after H1B approval and to start working from 1st Oct 2014, either employer files for a COS petition and pay H1B fees again or your spouse exits and enters US with a valid H1B visa and I797.

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