H4 Before October

[modi_rushabh]

Hi Guys,

Currently I'm on OPT and working on a project. My employer already file my H1 and also got the approval. My question is can I apply for my wife's H4 before October as effective date of H1 is 1st October? Or is there any other way around. Please Help.

[shervin143]

You can apply for the H4 based on your approved H1B petition. You need to file form I-539. You cannot request the H4 effective date to be prior to your H1B effective date.

[kabkaba]

If she is outside the US, she can apply for H4 visa anytime, but she can travel to the US on or after Oct 1 only.
If she is in the US in F2 status, she must file I-539 to change her status to H4 before Oct 1.

[modi_rushabh]

If she is outside the US, she can apply for H4 visa anytime, but she can travel to the US on or after Oct 1 only.
If she is in the US in F2 status, she must file I-539 to change her status to H4 before Oct 1.

Thanks for your reply.
I wanted to know that, can she go on f2 saying that my h1 is already approved?
What are the chances for her to get the visa? I'm asking this question because she already has 3 rejections on OPT within last 12 months.

[kabkaba]

It is better to apply for H4, since H4 applicants are not required to show non-immigrant intent and previous 214b denials will not affect H4 application.
Btw if she has more than 2 denials in the past 12 months, she may not even be allowed to apply for any visa. Check with VFS.