Can one apply for H1 and H4 visa at the same time?

[Poorva]

Hi

I am currently on L2-B visa. My husband is planning to apply for H1 visa.
We are looking for H1 visa for me too so that i can work. But we want to apply H4 as well to be on safer side (in case H1 gets rejected).
Is that possible?

Thanks

[raghvi]

Hi

I am currently on L2-B visa. My husband is planning to apply for H1 visa.
We are looking for H1 visa for me too so that i can work. But we want to apply H4 as well to be on safer side (in case H1 gets rejected).
Is that possible?

Thanks

Its always going to be dicey if you have two applications pending with USCIS. The timing can play a big role. If L2 to H4 get approved after L2 to H1 then you would end up in H4 status. And have two I-94s.

Advisable to file L2 to H4 along with husband's L1 to H1 request. As its a new H1 it will start only from 01-Oct-2014 or later. At the same time apply H1 as consular process. And then later file a H4 to H1 COS. Challenge is to convince the employer to file a consular process as then it means that you wouldn't be able to join the employer from 01-Oct-2014 and employer may think you have some other plans.

Ideal options would be apply L2 to H4 as COS along with husband's L1 to H1, and also file your own H1 as consular process. Once your H4 COS is approved, and H1 consular process is approved, travel outside US, get H1 stamped and return on H1.

This is my opinion not legal advice.