Here is my Situation,
Me and my husband are on L1, L2 visa from his company A.
I work for company B.
This year both our companies have agreed to file our H1's.
My husbands company is advising to apply H4 for dependents or else once my husband gets H1 status, I will be out of status if my H1 visa is not approved.
My concern is:
1) Is there a way to file H1 and H4 at the same time?
2)Can I withdraw my H4 petition once my H1 is approved??
3)if i apply only H1 and my H1 is not approved, do I need to leave the country and apply h4 ??
Thanks in Advance!
An example best serves your question. If the H1B petition is selected, it will have an effective validity date no earlier than October 01, 2014, assuming that it is subject to the visa cap. Thus, hypothetically if your husband's H1B petition is selected within the visa cap with an employment start date of Oct. 01, and he maintains L1 and you maintain L2 status until Oct. 01, then your application to change status to H4 can be filed anytime prior to Oct. 01 (if your H1B petition is not selected within the visa cap).
The strategy of filing H1B/H4 at the same time and then withdrawing the H4 is too convoluted and can lead to problems.
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