H4 application before stamping

[anuana]

Hi All,

I am in the US on F-1 visa - currently on OPT status. My employer has filed for my H1-b & its currently in the processing stage. My wife is currently not in the US. In order for her to move here,

1. Can we start the H-4 application/interview as soon as my H1-B packet arrives?
2. Since I am already in the US, i was planning to do the stamping during the year end. Can she go for H-4 before I get my H1-B stamping done?
3. If the answer is Yes to questions above, I suppose she can travel to the US directly without the me accompanying her. Am I right? My parents are coming to US in August. If so, she can accompany them.

What is recommended way of handling this?

I would greatly appreciate any reply.

Thanks in advance.
anuana

[raghvi]

Hi All,

I am in the US on F-1 visa - currently on OPT status. My employer has filed for my H1-b & its currently in the processing stage. My wife is currently not in the US. In order for her to move here,

1. Can we start the H-4 application/interview as soon as my H1-B packet arrives?
2. Since I am already in the US, i was planning to do the stamping during the year end. Can she go for H-4 before I get my H1-B stamping done?
3. If the answer is Yes to questions above, I suppose she can travel to the US directly without the me accompanying her. Am I right? My parents are coming to US in August. If so, she can accompany them.

What is recommended way of handling this?

I would greatly appreciate any reply.

Thanks in advance.
anuana

Your H1 can only start from 01-Oct-2014 or later. I am assuming your employer has filed H1 as a COS (Change Of Status) hence, you would automatically move to H1 from H1 start date, 01-Oct-2014.

As a result, you spouse can move to H4 only from 01-Oct-2014, not before, and can travel to US earliest by Sep-20-2014. One can go for interview Max 60 Days before so , she would be able to attend H4 interview earliest only bu July end 2014. Even if she gets her H4 visa by August, she can enter on H4 earliest Sep-20-2014.

1. As said earliest by July End 2014.
2. Yes.
3. Not August. as your H1 can only start in Oct she can enter US on H4 earliest 10 Days before you move to H1.
This is my opinion not legal advice.

[anuana]

Thanks a lot raghvi.. Appreciate it.

Your H1 can only start from 01-Oct-2014 or later. I am assuming your employer has filed H1 as a COS (Change Of Status) hence, you would automatically move to H1 from H1 start date, 01-Oct-2014.

As a result, you spouse can move to H4 only from 01-Oct-2014, not before, and can travel to US earliest by Sep-20-2014. One can go for interview Max 60 Days before so , she would be able to attend H4 interview earliest only bu July end 2014. Even if she gets her H4 visa by August, she can enter on H4 earliest Sep-20-2014.

1. As said earliest by July End 2014.
2. Yes.
3. Not August. as your H1 can only start in Oct she can enter US on H4 earliest 10 Days before you move to H1.
This is my opinion not legal advice.