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  1. #1

    Default Applying for a H4 Extension and H1B Visa at the Same Time

    Hello,
    I'm on H4 visa status and residing in NJ state, My Visa expires in June and we have applied for a H4 extension. I plan to apply for a H1B in April 2012.

    Will this be a problem for filing a fresh H1B for me?
    Do i need to wait till i get the H4 visa extension OR am i permitted to file H1B in parallel ?

    Kindly advise.

    Many Thanks

  2. #2
    Join Date
    Jan 2007
    Posts
    1,121

    Default Re: Applying for a H4 Extension and H1B Visa at the Same Time

    Visa is only for entry; I-94 determines legal stay. If you do not have and H4 I-94 valid until the date of your H-1B (if granted) start, you will have illegal presence.

    YOU cannot file for an H-1B; you should have advised your prospective employer of your situation. They would have been in the best position to advise you. You may have both petitions in processing simultaneously; there are rules that determines which one applies if both are approved.

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