Hi All,

I am Raj. The following is my query...
My wife went for H4 Visa interview on Mar 2nd in India and they asked for 2 more months payslips. Now she will go again in May with additional payslips to get her H4 stamped. In the meanwhile can we apply H1 for her in US under this year quota?

If we can apply H1, can she come to US on H4 after her H4 stamping in May?

Please help with these questions. I am ok to come an meet personally to any attorney out there to discuss this issue in detail. I want anwsers before the H1 quota goes out this year.

Regards,
Raj

manishsaini

Raj

sorry this is not the answer but wanted to know if you finally got the answer, since the question was posted almost a year ago. I am in similar situation. My wife is applying for H1B on April 1 but wants to come to US on H4 and take H4 visa interview on April-18 after our wedding. She is in India.

did you find out if applying for H4 visa after H1B is apllied on your behalf creates any cause for H4 denial?

thanks in advance,
manish

rajxraj

Hi,

If you are applying for H4 Interview on Apr 18th then it shouldn't be a problem even if u apply H1. Your wife should come here before H1 get approved. After coming here her consultant have to send amendment to the H1 application with the new I94.

This is what I know. You can talk to her consultant who is filing H1....

If her H1 gets approved before she comes to US then she has to go for h1 visa interview in India. If her H1 gets approved before her consultant sends amendment then I don't know what happens

Cheers
raj

manishsaini

thanks a bunch Raj, this helps. I don't see how H1 would be approved in 18 days so i think we are fine for H4, will work out the amendment with her consultant - Manish

srtvasu

Hi Manish,

I'm also in similar situation. My fiancee is applying for H1-B (Apr '08) petition. But she wants to come to US immediately after our marriage in H4. We are aiming to have the H4 stamped by end of April '08 or early May '08...

I'll check with her consultant about amendment process. Mean time, can you please share the information you collected, about the amendment process?

Also do you have any idea about the no of days USCIS takes to approve H1 petition ?


Regards,
Vasu.

manishsaini

Vasu,

I got an answer from attorney which is very similar to what Raj said. It is fine to apply for H4 while your fiancee has applied for H1B. since H1B notification does not come within a month and we know there will be a lottery too this time (since more applications than # of visas) so you wouldn't know if she even got in the lottery till, very likely june/july.

if you are still in doubt, do go ahead and talk to some immigration attorney; in case your specific case is different than mine. to the extent it is similar, i don't think there is any issue.

enjoy
manish