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

Asked 5 months ago - Hartford, CT

Flag

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

Immigration Essentials

US Citizenship Exam

How to Apply for an Immigration Visa

Immigration Interview Tips

Deferred Action FAQs

Immigration Bonds 101

Immigration Advice

Find Immigration Lawyers

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary

Attorney answers (2)

  1.

    MN Immigration Attorney
    Contributor Level 20

    2

    Lawyers agree

    Answered January 07, 2013 16:23. 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. Hollywood Immigration Attorney
    Contributor Level 14

    1

    Lawyer agrees

    Answered January 14, 2013 13:19. Yes, you can but as my colleague indicated, you should see an immigration lawyer to evaluate the merits of your case.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,327 answers this week

2,615 professionals answering