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Old 01-07-2013, 06:13 PM
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Exclamation Can a H4 candidate file H1B when her H4 extension is in filed status?

Hi,
I am in H4 visa now in US which will expire on Aug'15th 2013. 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 also 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 ?

Regards,
Rajneeta
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Old 01-08-2013, 04:34 PM
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Yes, you can. But make sure that 'change of status' is not filed along with H1B petition. You can file 'change of status' request when you are ready to work (which will be only after 1st Oct 2013). Make sure to mention this with you lawyer whoever is filing your H1B.
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