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Vanny82 · Mar 11, 2009, 11:41 AM

Hi,
I got married in March and my spouse needs to extend his h1B.
I want to apply for H1 and h4

1) When can she initiate H4 in this situation i.e. after getting the H1B petition or after H1B visa stamping is done?

2) can I initiate H4 after receiving H1B petition, will there be any issues in stamping of either H1B or H4?

Thanks..

DCcityboy · Mar 11, 2009, 12:06 PM

Your post needs clarification. You can only be in one status at a time. So it will either be the H-1B or H-4.

If you file for the H-1B, you have employment authorization with the petitioning employer. If you file for the H-4, there is no employment authorization as this is a dependent H visa classification.

If you are in the US, you can file to change status to H-1B or H-4. If you are outside the US, you can apply for the H-4 now as you are married to an H-1B. If you want to file for the H-1B, you must wait for it to be selected and approved before applying for the visa.

Vanny82 · Mar 11, 2009, 12:12 PM

Originally Posted by DCcityboy

your post needs clarification. you can only be in one status at a time. so it will either be the H-1B or H-4.

if you file for the H-1B, you have employment authorization with the petitioning employer. if you file for the H-4, there is no employment authorization as this is a dependent H visa classification.

if you are in the US, you can file to change status to H-1B or H-4. If you are outside the US, you can apply for the H-4 now as you are married to an H-1B. if you want to file for the H-1B, you must wait for it to be selected and approved before applying for the visa.

The problem is my husband is awaiting for his h1b extension and I can't apply for h4 before 1st April. So I was thinking for applying h1b on 1st April and then go for h4 visa. Is it possible?

DCcityboy · Mar 11, 2009, 12:51 PM

I understand better now, thanks.

What is your current status? Are you in the US?

Yes, you can certainly apply for the next FY2010 H-1B allocation this April, but please note that you cannot get the visa until 10 days prior to the beginning of the fiscal year, October 1. So this won't get you here any faster.

I hope this was responsive to your inquiry.

Vanny82 · Mar 11, 2009, 12:57 PM

Originally Posted by DCcityboy

i understand better now, thanks.

what is your current status? are you in the US?

yes, you can certainly apply for the next FY2010 H-1B allocation this April, but please note that you cannot get the visa until 10 days prior to the beginning of the fiscal year, October 1. so this wont get you here any faster.

i hope this was responsive to your inquiry.

Right now I am in India as My spouse H1B extension document is not there. I can't go for H4 stamping this he doesn't receive the extension approval.
So can I go for h4 stamping once his approval letter comes even if I want to apply for for the next FY2010 H-1B allocation this April.

Vanny82 · Mar 11, 2009, 01:03 PM

Originally Posted by DCcityboy

your post needs clarification. you can only be in one status at a time. so it will either be the H-1B or H-4.

if you file for the H-1B, you have employment authorization with the petitioning employer. if you file for the H-4, there is no employment authorization as this is a dependent H visa classification.

if you are in the US, you can file to change status to H-1B or H-4. If you are outside the US, you can apply for the H-4 now as you are married to an H-1B. if you want to file for the H-1B, you must wait for it to be selected and approved before applying for the visa.

Right now I am in India as my spouse H1B extension document is still pending. I can't go for H4 stamping till he doesn't receive his extension approval.
Can I go for h4 stamping even if I have applied for the next FY2010 H-1B allocation this April.
Basically I want to apply for FY2010 H-1B allocation this April and then go for h4 visa this april ?

Vanny82 · Mar 11, 2009, 01:03 PM

Originally Posted by Vanny82

Right now I am in India as My spouse H1B extension document is not there. I can't go for H4 stamping this he doesnt recieve the extension approval.
So can i go for h4 stamping once his approval letter comes even if I want to apply for for the next FY2010 H-1B allocation this April.

Right now I am in India as my spouse H1B extension document is still pending. I can't go for H4 stamping till he doesn't receive his extension approval.
Can I go for h4 stamping even if I have applied for the next FY2010 H-1B allocation this April.
Basically I want to apply for FY2010 H-1B allocation this April and then go for h4 visa this April ?

DCcityboy · Mar 11, 2009, 01:26 PM

Much more clear now.

Yes you can apply for the H-1B now. It is filed by the US petitioner in the US. After your husband gets his H-1B EOS approved, you can file for the H-4 visa, and travel to the US.

If you are selected for the H-1B and approved, on or just before October 1, 2009, you can apply for the visa and re-enter the US as an H-1B.

I trust this was responsive to you inquiry.