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

Hartford, CT |


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 ?


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Attorney answers 2


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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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