Applying H4 while H1 is in process or vice versa

[desi_banda]

Hi,

I got laid off in Feb-09 and could not find new job since then. I could not leave US for some personal problem. My wife's H1 just got approved and she got her H1 documents yesterday. One of the company agreed to file my H1 most probably by this weekend. Since I was out of status without paystub for nearly 5 months I will definitely get a query and my H1 petition could also get denied. Just to avoid this situation I am thinking of applying for H4 also. So please tell me is it okay to apply for H4 while my H1 is in process or vice versa ( apply H1 while my H4 is in process)? I really appriciate your help. Thanks in adavance.

[txh1b]

To change to H4, your wife should be in H1, provide paystubs and you need to prove your valid status with paystubs as well. It is the same problem for any status change.

[desi_banda]

To change to H4, your wife should be in H1, provide paystubs and you need to prove your valid status with paystubs as well. It is the same problem for any status change.

I agree with you but my main question is whthere I can apply H1 while my H4 is under process or vice versa. I hope I am clear this time. Thanks.

[desi_banda]

Anyone?

[txh1b]

Read about last action rule. No concerns with concurrent applications. The result would depend on the last action rule.

[desi_banda]

Thanks a lot for such a quick reply. I searched for last action rule and found pretty detailed info. here and thats what I was looking for. Thanks again.