Can You Apply for H4 While H1B is in Process

[iChandhu]

Hi,

I am working for a major MNC in India, joined recently (jan2011).
My employer has processed my H1B application and must have filed it to come under the Cap-2013 quota.
so, my H1B must be in processing.

My wife got her H1 stamped.
1. Can I apply for H4 and go to USA when my H1B is in processing?

2. While filling DS160 for H4, what should I say my I am currently doing? "Unemployed" ? would that be a problem while saying I am an employee of my employer on the H1B application?

3. What should I answer, if the consular officer asks me what would you do while you are in US? Can I mention - "pursue my higher studies" ?

4. If the H4 is rejected and since I have already submitted my H1B aplication, I would not have showed my past rejects in this H1B. Would that be a problem for H1B ?

Kindly help as I am very much worried with these questions.

[Mr. Knowitall]

You can apply for a H4 based upon your spouse's H1B visa while your own H1B is pending.

In terms of how you should answer questions on forms and if asked by immigration officers, you should tell the truth. If you plan to study, you can do that under a H4 visa.

You can expect that they'll be aware of your H1B application.

[iChandhu]

Thanks for the reply Mr.Knowitall