H4 petition filing for spouse while my H1B in yet to be stamped

[rrahulgup]

Hi All,

My H1B has been approved (however, on website the status is still showing 'Initial Review') I am planning for my H1B stamping in sometime in 3rd week of JUNE'11. My employer will be filing H4 for my wife by next week.

I have couple of queries on which I seek guidance from you experts:

1. Shall I expect that we both can go for stamping together after one month from now?
2. If not, for complete H4 processing how much time will be needed?
3. Looking at these days scenario, would it be suggestible for husband and wife to go for stamping separately? FYI, our processing is with Delhi consulate.

Thanks,
R Gupta

[shervin143]

When is your wife's current I-94 expiring? If it will be valid until the time you leave the country, then there is no need to file the H4 extension. Why didn't you ask your employer to file the H4 extension along with your H1B extension? You both would have got the approval more less the same time.

There is no issues with booking the H1B and H4 visa interviews together under the family option.

[rrahulgup]

When is your wife's current I-94 expiring? If it will be valid until the time you leave the country, then there is no need to file the H4 extension. Why didn't you ask your employer to file the H4 extension along with your H1B extension? You both would have got the approval more less the same time.

There is no issues with booking the H1B and H4 visa interviews together under the family option.

Thanks for your response Shervin.

But, our's are fresh application.. we don't have any I-94 yet.

[kabkaba]

If both of you are outside the US, all you need to do is apply for H1 and H4 visas at a nearby US embassy/consulate using your employer's petition approval notice and after visa is issued both of you can travel to the US from H1 valid date (ex. Oct 1)

[shervin143]

In that case, there is no need to file the H4 petition. Like mentioned in the previous reply, you can go ahead and schedule the H1B and H4 visa interviews (advisable to do it under the family option) based on your H1B approval notice. When both the H1B and H4 visas gets stamped, you both can travel.

H4 petition need to be filed only when the dependent is in U.S and when the I-94 is about to expire.

Thanks for your response Shervin.

But, our's are fresh application.. we don't have any I-94 yet.

[rrahulgup]

In that case, there is no need to file the H4 petition. Like mentioned in the previous reply, you can go ahead and schedule the H1B and H4 visa interviews (advisable to do it under the family option) based on your H1B approval notice. When both the H1B and H4 visas gets stamped, you both can travel.

H4 petition need to be filed only when the dependent is in U.S and when the I-94 is about to expire.

Very useful info. Thanks a ton, Shervin143.
What I understand from response is that in our case, no need to file H4 petition or any other communication needed with USCIS for H4 in advance. We need to just collect all the document (for H1b & H4), schedule appointment (with family option), and go for visa interview. Please correct me if I am wrong. Thanks.

Rahul

[shervin143]

That is correct.

Very useful info. Thanks a ton, Shervin143.
What I understand from response is that in our case, no need to file H4 petition or any other communication needed with USCIS for H4 in advance. We need to just collect all the document (for H1b & H4), schedule appointment (with family option), and go for visa interview. Please correct me if I am wrong. Thanks.

Rahul

[rrahulgup]

Thanks Shervin and Ka****.