What if H4 approved after H1 got approved?

[sudhay2k]

Hi

I am on L1B and my wife is working on L2 with EAD. My company is applying H1 for me and I opted H4 for my wife at the same time. Now my wife's company also applying H1 for her.

1. Is that a good idea to opt for H4 knowing that her company is applying for H1 through premium processing? Would there be any challenges?

2. What if my wife H1 got approved first with COS and then H4 got approved after that because I opted for H4 for her? her H1 becomes invalid?

3. If H4 got approved first for her then she should stop working immediately and can start working only after H1 got approved. Is that correct?

Thank you very much for your time and help.

[shervin143]

1. Is that a good idea to opt for H4 knowing that her company is applying for H1 through premium processing? Would there be any challenges?
>>> It is never advisable to file multiple different types of petitions at the same time. The status will change as per the last received I-94 that comes with the approval notice.

2. What if my wife H1 got approved first with COS and then H4 got approved after that because I opted for H4 for her? her H1 becomes invalid?
>>> Yes. Search and read about the last action rule.

3. If H4 got approved first for her then she should stop working immediately and can start working only after H1 got approved. Is that correct?
>>> That is correct.