Does a previous petition affect a current H4 visa application? 3 Answers as of January 11, 2011

I am a Filipino doctor who is currently been accepted for a residency training here in US and will start my training for Internal Medicine this coming July 2011. The hospital will be very much willing to sponsor me a H1B visa. I am currently now in the US with a B2 visa. I'm planning to go home to the Philippines this coming February and plan to marry my fiance who is a nurse. Here are my bunch of questions: My fiance has immigrant petition through an employer applied last 2008 ad up to present when we checked at the USCIS, her petition is at "post decision activity" and she does not have priority date yet. What does post decision activity means? Does her previous petition filed can affect if she will apply for an H4 visa?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
H-4 is allowed to be trying to immigrate so there is no conflict there. I would be concerned if a 2008 petition had not yet been approved though. If denied she will not have any place in line and the last two years lost.

If we can assist in any of these matters please let me know. My contact information follows.
Answer Applies to: California
Replied: 1/11/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Call USCIS customer service to find out. It is possible to apply for multiple visas.
Answer Applies to: Florida
Replied: 1/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
First, the USCIS may soon reach the cap regarding H1B visa for this year. If it does before you file, the earliest you could get an H1B visa is October 2011.

Post decision activity means a decision has been made on the case. For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations. Since you say she does not have a priority date yet, I would take that to mean her application was denied since if it was approved she would have an priority date.

The filing of an immigration petition can affect a persons eligibility for an non-immigrant visa. Especially, not knowing why the petition was denied.

I strongly advise you to speak to an experience immigration attorney regarding your case due to the possible H1B cap being reached and your fiance's denied petition.
Answer Applies to: California
Replied: 1/10/2011
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