Need Help

[gauravchittora]

Hi,

This is regarding few queries I have, let me brief you about my current Visa status.

I have a valid H1B visa which expires on 30th September, 2014.
I have a plan to visit India for my marriage starting from 9th June to 4th July.

My company is not ready to file my extension now because in case, it doesn't get approved by June,
I might have to postpone my travel.
So, they have decided to file my extension when I come back to USA in July.

I need to bring my wife with me to USA in July itself, and was looking for possible options to do so.
There are two options :

1. File an H-4 for my wife on my current Visa :
Is it legally allowed to file a H-4 visa when primary H-1 visa holder has only 3 months on his Visa ?
If yes, are there any possibilities of getting H-4 rejected for the same reason of having less than 6 months on my Visa ?

2. Go for tourist visa for my wife :
We apply for tourist visa for her, and once my extension is Approved, she travels back to India and get her H-4 done

I am preferring 2nd option, but would like to know if there are any challenges involved in doing so.
Please suggest which option should I move ahead with ?

[peace999]

tourist visa will be difficult to get when husband is on an H-1. It requires an intent to return but in your case the officer will think how can she return when
husband is on an H-1, which can be extended and will likely be extended.

[gauravchittora]

tourist visa will be difficult to get when husband is on an H-1. It requires an intent to return but in your case the officer will think how can she return when
husband is on an H-1, which can be extended and will likely be extended.

Hi,

Thanks for your reply.

Her brother lives in Florida and possess a green card.
We are planning to have her brother sponsor her and not declare her as my independent while she is on tourist Visa.

Do you still think, it will be a problem ?

[peace999]

she will have to mention you on the form as husband and your visa status once you are married.

If she applies before marriage, it is possible but single , young person , going on bro's sponsorhip chances of getting a
visitor visa are not good.

I am not sure if H-4 is possible when 3 months are remaining on H-1. Why don't you wait for your H-1 extension and once it is done, she can apply for an H-4 which would be easy to get. without going through visitor visa process which is difficult to get for young single persons going on relative's sponsorship.

[gauravchittora]

she will have to mention you on the form as husband and your visa status once you are married.

If she applies before marriage, it is possible but single , young person , going on bro's sponsorhip chances of getting a
visitor visa are not good.

I am not sure if H-4 is possible when 3 months are remaining on H-1. Why don't you wait for your H-1 extension and once it is done, she can apply for an H-4 which would be easy to get. without going through visitor visa process which is difficult to get for young single persons going on relative's sponsorship.

Yes, she is applying for tourist visa before marriage only.

[peace999]

Like I said, close relative in US sponsoring for a young , single person the officers think she will not return and stay with her brother.

If she applies with her parents to visit her brother on OWN expense ( no sponsorship),chances will be better but still no guarantees.