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H4 visa along with H1B at the same time while in USA

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  • H4 visa along with H1B at the same time while in USA

    I am currently on OPT (F1 visa) which is good until June 2010 and my wife is on F2 dependent visa. My employer would be filing H1B petition for me in April 2010.
    1)What would be the procedure for filing H-4 for my wife at the same time while reminaing in USA?

    2)Do I need to wait until my H1B gets approved and then when I file my COS afterwards I should file hers along with mine? I want to have her status changed at the same time when mine will change.

    3) Can COS be filed along with H1B petition?

    Please clarify.
    Thanks
    Gaurav

  • #2
    3. Yes. That is the procedure.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Same situation

      Hi,
      I have the same situation as gauravhawk's case
      (applying for H1B with H4 simultaneously while both are staying in US).
      About this issue, I have a question.

      1) I think that DS-157 is for visa interview. In order that my wife gets
      the H-4 visa, should my wife and I leave US, then visit a US Consulate
      after the visa issuance for me is accepted?
      Or could we handle that issue in US?

      2) My child is a US citizen. I think I do not need to take any action for
      my child. Am I correct?

      Thank you and have a great day.

      Comment

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