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Immigration Issues/Aplly for H4 when H1b pending?approved

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Question
Hi,

I live in outside and will be getting married in july.
My fiancee is working in the US on H1B visa.

I would like to apply for my H1B FY2010. Also since my fiancee is working in US I would also go there after marriage in H4.

Can I apply for H4 (in jul )after applying for my H1B now ?
What are the complications that might arise at this moment.
Will my H1B be void if I apply for H4 once the approval notice for H1B has arrived ?


What is the best way in this situation ?

Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Mary,

You may enter on an H-4 after getting married in July.  However, you are correct in that having a pending H-1B may make it difficult for you to enter.  You will just have to assure the border agent at the airport of entry that you will return to your home country to process the H-1B if and when it is approved.  

I have heard that some border agents are pretty reasonable about that, others will turn you away and make you go back and wait for your H-1B to be approved and tell you to come back with the H-1B visa.  It's entirely up to their discretion.

Lastly, your H-1B will not be void even if you are in H-4 status.   What really happens is that you are H-4 status with an approved H-1B petition but have not asked for H-1B status.  That in itself is a complicated concept.  Perhaps you want to hire an attorney to do this correctly for you to make sure that you get what you need and with the correct timing.

Good luck,
Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7  

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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