H4 and H1b process query

[map88]

Hi Law Gurus,

 

I am currently working in USA for a Software Company on a valid H1b visa. I am still in the process of applying for my wife's H4(haven't done yet). But recently I heard back from one of the employer's and they are willing to sponsor for my wife's H1b which would be subjected to cap.

 

So trying to understand the process.

 

1.Can I apply for my wife's H4 now and then then request the employer to apply for H1b in april 2015 ?

2.She is not planning to travel before may2015. In that case would she be required to cancel her H4 and only then apply for H1b while she is in India?

3.If yes to question number 2

   a.then she won't be able to travel till her H1b becomes effective i.e Oct2015 am I correct ?

   b,if for some reason(lottery or any other) her H1b application gets rejected then can we apply for her H4 again ?

4.If no to question number 2

   a.Can she travel to USA on H4 while her H1b application is still getting processed ?

 

Can you please help me understand the process better and guide us with a better way to approach this entire situation.

[itsmeusa]

When the employer files H1b for your wife, he would ask for COS from H4 to H1b. Until that's approved, she should not leave US. If she leaves US before approval, then that application is considered abandoned.