My fiancee and I are planning to get married in April’14. I currently am in US on H1B. His employer has agreed to apply for his h1 in april of 2014. 1. will it be a problem if we apply for H4 while his H1 has been petitioned? 2. Can he continue to remote work for his indian company while in US on H4? Still being paid the indian salary ofcourse. 3. His company has offered to send him on B1 while he waits for his h1b approval. Is that a good idea?
No, they can be applied one after the other. You will have to watch out for “Last Action Rule”. The petition which has a later start date (or effective date), will determine the eventual status inside US.
No. He cannot work for any employer when inside US on H-4
If he has valid reasons to travel on B-1, then go for it. Note that no productive work can be done on B-1 and it should be used only for purposes told to the consulate when visa was issued. In addition, staying on B-1 for more than 2-3 months can cause additional questions from consulate when he next appears for visa stamping.