Waiting for H1B Decision . Should I apply for H4 ?

Asked almost 2 years ago - Newark, DE

1) I was on L2 visa dependent visa.
2) My husband employer did not extend his L1. In the meanwhile, I and my husband both applied for H1.
3) My husband H1B petition is approved and I am waiting for my H1B decision.
4) Should I apply for H4 or wait for my H1B decision utilizing the 180 days period (out of status) ?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . No. You should wait for the H-1b decision.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, don't file 'dueling' applications.

    Talk to the lawyer that filed your H papers.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Gen Kimura

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with my colleagues.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more

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