I am from India and currently working on a H1B visa since Oct 2005. I am planning to get married in May 28th of this year. My spouse is working as a software engineer in India. I would like to get H1 for her in this year's quota so that she can start working later this year. So I am planning to file for her H1 in April this year. At the same time I want to bring her over here in dependent visa (H4) once after the marriage is over which may be in mid June. My question is, would there be any problem to get a dependent (H4) visa after marriage since her H1 processing is already in progress?
Answer:
Wait, so you don't want her to work once she gets to the US? You can both hold H-1 visas (and this may be the best option). If one of the H-1s isn't done in time, the other person can come over on an H-4 and then change status once they're in the US to H-1.
It shouldn't matter if she decides to come in on an H-4 if she already has an H-1 in process. However, she needs to let the company know that she's not coming so they can cancel her H-1 and her LCA.
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