Applying H1 & H4 @ same time .

Thanks a lot for outstanding Website. Can you please clarify my below Queries?

Currently My Wife is working with L2B EAD& I am planning to apply separate H1B for her this year.

  1.   At the same time, My Company also planned to apply H1B for me & H4 for my Wife. In this case, for my wife both H1B & H4 application will be going to USCIS @ same time (April 1 st week)? Will this be an issue/ will this affect her H1 B process.

Note: Reason why am applying H4 too is, If by any chance her H1 B is not approved. Then she can’t stay in USA as I will be converted to H1B & she will not be having valid visa to stay in USA??

  1.   After our Marriage, she changed her Last Name. Do we need to submit any proof while processing H1B for her?? Because all her Degree Certificate has her Father’s Initials.

Please let me know what all the documents needed.

  1. It will not impact the outcome of H-1 petition, but will start a race scenario. So the petition that goes into effect later, will determine her eventual status post Oct 2013.

  2. In the documents it is asked whether she has been known w/ any other names. There she can mention the old name w/ father’s initials.

You can upgrade her H-1 petition to PP so that she gets the result quickly. If it gets approved, then you can withdraw the H-4 COS for her. If it gets denied, then you can let the H-4 COS to continue. This way you can be sure what visa status she will be on from Oct 2013.