H4 visa while H1 is processing

[srikanthmalli]

Hi,

 

I will be applying H1B for my fiancee this April 1st. After the marriage, if goes for H4 stamping while H1 is still processing, will there be any issues?

 

If there are no issues and she enter USA in H4 then H1B gets approved will it be still valid starting October 1st automatically or she have to go home country for stamping then re-enter USA?

 

Thanks,

Sri

[jairichi]

Hi,

 

I will be applying H1B for my fiancee this April 1st. After the marriage, if goes for H4 stamping while H1 is still processing, will there be any issues?

 

If there are no issues and she enter USA in H4 then H1B gets approved will it be still valid starting October 1st automatically or she have to go home country for stamping then re-enter USA?

 

Thanks,

Sri

I believe an employer is filing and not you. No issues to go for H4 stamping when H1B petition is in process.

When H1B gets approved after she entered US on H4 then either she gets a H1B stamp and reenter US or employer files for COS and pay H1B fee again.

[t75]

YOU will not be applying for HER job.

[srikanthmalli]

Yes I am not applying for her H1B that's correct and I know that, an employer is applying for H1B.

[t75]

You need to let her manage her own affairs.  It shows she is a competent worker.  It will also force her to become aware of her rights and responsibilities just as you have by taking care of your business.