H1 - H4 Conversion

[scharags]

Hi

My Fiance is planning to apply for H1 from her Indian company. I am in the US and planning to apply for H4 for her. Can we go ahead and process both simultaneously, so that if she gets her H1 petition approved, she can work on her H4 visa? Is it legally allowed?

Thanks in advance for your response in advance.

[raghvi]

Hi

My Fiance is planning to apply for H1 from her Indian company. I am in the US and planning to apply for H4 for her. Can we go ahead and process both simultaneously, so that if she gets her H1 petition approved, she can work on her H4 visa? Is it legally allowed?

Thanks in advance for your response in advance.

Merely getting H1 approved does not allow one to work.

It should be accompanied by a valid Change Of Status (COS) approval if in US.
OR
If outside US, a valid H1 visa stamping and entry to US on that H1.

Where would she be on 01-April-2015 when the H1 petition papers reach USCIS? Is her company planning to apply her H1 as COS or Consular process? Is her company aware of her potential travel on H4?

This is my opinion not legal advice.