Parallel H4 for when applying H1B

[gogreen]

I am currently in L1 visa, my company is applying H1B now. My wife's (L2, working with EAD) company is also applying H1B for her, in this case considering the factor of lottery system; applying an H4 for my spouse while applying H1B for me is advisable?

[raghvi]

I am currently in L1 visa, my company is applying H1B now. My wife's (L2, working with EAD) company is also applying H1B for her, in this case considering the factor of lottery system; applying an H4 for my spouse while applying H1B for me is advisable?

In such scenarios, timing of applications is very important to prevent going Out of Status , as well as not to get entangled in multiple COS pending with USCIS and being at the mercy of last action rule.

I would suggest you get both COS (your L1 to H1 as well as your spouse's L2 to H1 ) filed under premium. This way you would know the decision on individual petitions by 01-Oct-2014 and take a call accordingly later on whether to file a L2 to H4 or not.

This is my opinion not legal advice.