H4 Visa Problem

[sudipto30_1975]

Can anybody assist me in solving the problem?? I want to take my spouse along with me in USA next year.I've filed H1B and would be effective from 1st October, 2007. She is working in an IT Company in India and she wants to accompany me in USA in H4 Visa.My interview dates will be in the month of September, 2007 and by that time will she has to submit her papers in the present company and ask for release or she can appear for an H4 interview later when I go to USA?

Moreover, is it mandatory for her to submit papers in her present company before appearing for an H4 interview??

Please advice asap.

[novice2007]

Hi,

If I have understood you moderately, H4 is a dependent visa and does not require any employer or paper work with the present employer.

In fact H4 visa holders can not work in the US, unless after the entry into the US there is a change of status.

In your case, I do believe, just apply for h4 visa for your wife and take her along with you for the visa interview. This would save you and your spouse lots of time and paper work. And she could travel any day after stamping of her visa starting from Sept.21, 2007.

My case is similar to yours. I have h1 with which I shall be in the US on Sept.23, and done the h4 stamped for my wife and children but would join me only in April 2008.

If you are still undecided, consult your attorney.
Best regards.