H1 dependent (h4) filing

[ansh8989]

Hi,

My company is going to file H1 this april. If i get approval with in 2 months. then do I have to wait until october as H1 starts from that month to file H4 for my wife Or as soon as I get H1 approval I can file her as my dependent H4 before october.

Please need some suggestions.

Thanks & Regards,
Ansh

[shervin143]

I hope you are already in U.S on a different status now and your company will be filing a COS to H1B on April 1st? If yes, then while filing the H1B, the company can also file the H$ COS along with the H1B COS. Yu don't even have to wait until the H1B approval to file the H4 petition. If the employer is not willing to do that, then you can file the H4 COS immediately upon receiving the H1B approval notice. H4 COS will be effective only from Oct 1st.

If you are outside U.S now, then a petition for H4 is not required. Dependents can get their visas stamped based on your approved H1B petition and enter U.S on H4 status.

[ansh8989]

Thanks. Yes I am in US. and she is in India. Now Company I am working for and Company who will file my H1 is different. At the same time my wife is still in india. So at the time of filing H1 will it be possible at the same time to file H4 for my wife? and if yes then upon receiving approval for H4 . can she come to USA or she has to wait until october ?

[shervin143]

If she is in India now, then filing H4 petition will make no sense. If she want to enter U.S in H4 status, then she will need to get the H4 visa stamped based on your approved H1B petition and enter in H4 visa. If your H1B effective date is Oct 1st, then she can enter in H4 status only after September 20th.

What is your current immigration status.

[ansh8989]

Hi,

My current status is Opt (extension). Would it be possible to file dependent on opt ? Couple of my friend's wives received dependent on opt extension with no problem. Can you please give me little idea and guidance about it ?