Can i apply for H1B while mt H4 visa extension is in applied status with USCIS?

Asked almost 2 years ago - Hartford, CT

Hi,

I am planning to file H1B Visa in April '13. My husband will file his H1B extension and my H4 extension on Feb/Mar'13 because his visa is expiring on 15th Aug'13. So my question is that -is it legal to apply for a H1B visa on April'13 when a H4 extension is in filed status by my name ?

Regards,
Rajneeta

Attorney answers (2)

  1. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . MOST IMPORTANT ... talk to the H-1B company's immigration attorney.

    Sure, it is possible to file for the H in April .... with a start date of 1 October 2013, or later.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Carlos E Sandoval

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes, you can but as my colleague indicated, you should see an immigration lawyer to evaluate the merits of your case.

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