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Waiting for H1B Decision . Should I apply for H4 ?

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


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 does not constitute an attorney-client relationship.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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