Entering US on a dependant visa with H1 also approved

[bonfanatic]

Hi All!

Appreciate your help in advance! Here is a brief about my situation.

Both me and my wife are planning to file individual H1s in this Apr-09. My wife is already on a F1 visa and I did not accompany her to the US (as a dependant). My wife already has a full time job offer from a US company and plans to start her job soon after her graduation (could be before Oct-09 also on OPT). I intend to start working in the US but seeing the current economic situation it might be difficult to get a job starting from 01-Oct-09. I want to be with my wife in the US ASAP, from Oct-1 if possible.

Here are my queries:

- Can I apply for a H4 visa (with my wife's H1 visa) and also simultaneously apply for my own H1 visa? In case both get approved can I enter US on a H4 visa and later on convert it to H1 (when I find a job)? Does entering US on a H4 affect my H1 visa in any way?

- Can I enter US on a B2 visa (I am already holding one) even though I have filed a H1 in Apr-09? Is the situation any better/worse if I enter US on B2 (a) while my H1 application is in process i.e. before approval or stamping (b) my H1 is approved and stamped.

Any other suggestions to help my situation are welcome.

Pardon my lack of knowledge if you found the queries as naive.

[Subramanya]

Appreciate your help in advance! Here is a brief about my situation.

Both me and my wife are planning to file individual H1s in this Apr-09. My wife is already on a F1 visa and I did not accompany her to the US (as a dependant). My wife already has a full time job offer from a US company and plans to start her job soon after her graduation (could be before Oct-09 also on OPT). I intend to start working in the US but seeing the current economic situation it might be difficult to get a job starting from 01-Oct-09. I want to be with my wife in the US ASAP, from Oct-1 if possible.

Here are my queries:

- Can I apply for a H4 visa (with my wife's H1 visa) and also simultaneously apply for my own H1 visa?

---- Yes you can

In case both get approved can I enter US on a H4 visa and later on convert it to H1 (when I find a job)?

---- Yes you can

Does entering US on a H4 affect my H1 visa in any way?

---- No, it does not

- Can I enter US on a B2 visa (I am already holding one) even though I have filed a H1 in Apr-09? Is the situation any better/worse if I enter US on B2 (a) while my H1 application is in process i.e. before approval or stamping (b) my H1 is approved and stamped.

---- Yes you can. However, if your H1 is approved, you hae to out of US and get the visa stamped and enter US on H1

Subramanya

[bonfanatic]

Hi Subramanya,

Sincerely appreciate the prompt response from your side!

I have similar queries for dependents on OPT.

As mentioned in my earlier post, I did not accompany my wife to US (as a dependent). For the situation when my wife is working on OPT and I enter the US with a F2 visa I have the following queries:
- Will I get a F2 visa now when there are only a few months left for my wife's graduation (she is graduating in Aug-09)?
- Can I simultaneously apply for my H1 (plan to apply it in Apr-09) and F2 visas?
- Can I enter US on F2 when my H1 is already approved?
- Does entering US on F2 affect my H1 visa in any way?
- Can I later apply for a "Change of Status" from F2 to my already approved H1?

Thanks in advance!

[bonfanatic]

Hi Subramanya and others,

Would appreciate if somebody could take time out for responding to my queries. Is entering on F2 better than entering on H4 in my situation?

Thanks in advance!

[txh1b]

1. Yes, you can apply. Whether you get it or not depends on your non-immigrant intent proven at the interview.
2. Petition and visa are different. You can.
3. Yes, if the F1 holder has the status or is on OPT.
4. No for petition.
5. Yes

[Madhu_180]

Entering US on a F2 visa with H1 also approved

Hi,
I have a similar question with respect to F2 and H1.
My fiancee is on F1-OPT and I am planning to apply for H1 this April. Assuming my H1 gets approved can I still apply for F2 and go to US on F2 and convert my F2 to H1 since it is approved. If yes, how long would it take to change my status and how can I change my status to H1 from F2.

Thanks in advance,
Madhu.

[shervin143]

My fiancee is on F1-OPT and I am planning to apply for H1 this April. Assuming my H1 gets approved can I still apply for F2 and go to US on F2 and convert my F2 to H1 since it is approved.
>>> Yes.

If yes, how long would it take to change my status
>>> 2-3 months by normal process and 15 days by premium.

and how can I change my status to H1 from F2.
>>> You cannot do this on your own. It has to be done by your employer. The employer will need to file a COS from F2 to H1B.

[Madhu_180]

I 129 approved what next?

I have got I 129 petition approved. What are the next steps for my H1 B to get approved? It would be great if someone can give me some info.

Thanks in advance
Madhu

[shervin143]

If you have already got the H1B approved, then the next step is to get it stamped. You need to fill DS-160 and book an appointment at the U.S consulate that falls under your consular district. You will need the below listed documents for the stamping.

https://www.immihelp.com/h1-visa-stamping-documents/

I have got I 129 petition approved. What are the next steps for my H1 B to get approved? It would be great if someone can give me some info.

Thanks in advance
Madhu

[Madhu_180]

Thanks a lot for the info.
If I understood it right...Approval of I 129 petition means approval of H1 B but only that I need to get it stamped here(right?)

Thanks again for all your help.

[shervin143]

When I-129 (the petition filed by the employer) gets approved, USCIS will send you the approval notice called I-797. You will need that to get the visa stamping.

[Madhu_180]

Okay I am clear now.
The online status is I 129 approved but my employer said she has not received the approval notice yet. Does the approval notice usually take time to reach the employer after the online status is updated. Its been around five days so just wanted to know if this delay is normal.

Thanks for your prompt replies.

[shervin143]

It is normal. Wait for few more days.

[Madhu_180]

221g yellow at Hyd consulate

Hi,
I attended the visa interview for my new H1b at HYD consulate on 24th august and I was given a 221g yellow slip and asked me to submit some documents along with my original passport. I submitted the documents the next day but there is no information from the consulate yet. I tried calling them but they say it is still under processing. Any idea how long it takes?

Thanks in advance for your suggestions.

Regards,
Madhu.

[shervin143]

Search for 221g in the forum and read about the experiences posted by others There is no definete time line for 221g cases, as every case is different. All that you can do now is wait patiently until you hear from the consulate.

Hi,
I attended the visa interview for my new H1b at HYD consulate on 24th august and I was given a 221g yellow slip and asked me to submit some documents along with my original passport. I submitted the documents the next day but there is no information from the consulate yet. I tried calling them but they say it is still under processing. Any idea how long it takes?

Thanks in advance for your suggestions.

Regards,
Madhu.