Hi There

I got my H1 approval in May 2008 effective Oct 1st 2008. I am under F1(untill 2011) visa (Currently under OPT from Oct 1st 2007 till Sept 30 2008). I am planning to travel to my country India in Aug/Sept for my H1 stamping along with H4 application for my family. I would come back with my family to US. I have 3 weeks leave from my employer to complete H1 and H4. I want to know when can earliest my family enter US. This would help me decide my leave plan. Please note that last month I returned back from India after a 2 weeks trip. Thank you in advance

It depends on how soon the US consulate can issue her a visa... in some countries, applicants had to wait between 30-45 days for visa interview.

Hello Lawandadee Thank you

Just you know in India we have to schedule the visa interview date online and usually we get the date available in 2-3 weeks later. Since it is June we have enough time to get visa interview date. So I am not worried about that. What I am worried about is when can H4 dependent enter US earliest. Depending upon that I have to plan scheduling visa interview date. Hope you understand. Thanks

Hello Lawandadee Thank you

Just you know in India we have to schedule the visa interview date online and usually we get the date available in 2-3 weeks later. Since it is june we have enough time to get visa interview date. So I am not worried about that. What I am worried about is when can H4 dependent enter US earliest. Depending upon that I have to plan scheduling visa interview date. Hope you understand. Thanks

To apply for H-4, your spouse will need all your documents, including copy of every pages of your passport, so she can proceed as soon as your documents are ready which means you already have your passport stamped. Once she get approval, she can travel immediately.

This is simple procedure, if you don't understand, better consult immigration attorney.

To apply for H-4, your spouse will need all your documents, including copy of every pages of your passport, so she can proceed as soon as your documents are ready which means you already have your passport stamped. Once she get approval, she can travel immediately.


Dear Lawandadee

I know you are very knowledgeable. But I apologize if I have not made it clear earlier. I think there is a serious communication gap. Let me try to clear one more time.

1. My wife is not going for visa interview alone. I am going to accompany her and we would do both H1 and H4 together.

Based on your reply it seems if I travel to India in Aug and get my H1 and H4 stamp can we come back to US together in Aug. Please note that my H1 effective date is Oct 1st and my OPT is valid up to Sept 30.

In fact I have learned that she can enter on or after Oct 1st but some people says she can enter after sept 20th and some says after sept 24th. So there are some confusion and I wanted to clear that.

Please note that my question is not directed towards any documentation at this time but only towards "DATE". So let me know what is the earliest day she can legally enter to US.

I have tried my best to make my question clear. I am sorry if I have done otherwise.Thanks

You cannot take a visa appointment more than 30 days before from the H1 start date and also once you and your dependent got stamped the H visa, you both cannot enter more than 10 days before that start date. So you have to take an appointment on or after sep1 and you both can enter into us on or after sep20.



Dear Lawandadee

I know you are very knowledgable. But I apologize if I have not made it clear earlier. I think there is a serious communication gap. Let me try to clear one more time.

1. My wife is not going for visa interview alone. I am going to accompany her and we would do both H1 and H4 together.

Based on your reply it seems if I travel to India in Aug and get my H1 and H4 stamp can we come back to US together in Aug. Please note that my H1 effective date is Oct 1st and my OPT is valid up to Sept 30.

In fact I have learned that she can enter on or after Oct 1st but some people says she can enter after sept 20th and some says after sept 24th. So there are some confusion and I wanted to clear that.

Please note that my question is not directed towards any documentation at this time but only towards "DATE". So let me know what is the earliest day she can legally enter in to US.

I have tried my best to make my question clear. I am sorry if I have done otherwise.Thanks

So you have to take an appointment on or after sep1 and you both can enter into us on or after sep20.

Thank you yteleven. But I believe even if I enter on or after Sept 20th, I can not regally work until start of my H1 i.e. Oct 1st. Is that correct?? That mean if I enter on Sept 20th(subject to having all other things ok), I have to be idle from Sept 20th till Sept 30th.