QUESTION
Can my wife apply for H4 if my H1-B is not stamped yet?
Asked on Sep 28th, 2013 on Immigration - New York
More details to this question:
I am on F-1 visa and graduated in May 2013. I am already employed and am currently on OPT. My H1-B petition has been approved, but I have not gone back to my home country to get it stamped. In spite of this, can my wife who is currently in my home country, apply for H4 Visa?
5 ANSWERS
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You don't need to go back to get H1B stamp, you can do a change of status and work on H1B. Yes your wife can obtain H4 visa based on your H1B approval.
Answered on Oct 01st, 2013 at 4:17 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Once your status is changed to H1 in October 1, 2013(assume this is the date), your wife can apply for H1. It does not matter if you have the visa stamp or not.
Answered on Oct 01st, 2013 at 3:06 AM
Yes, once you start on your H-1B status, which should be soon, I'm assuming. There is no need for you to have the H-1B visa stamp.
Answered on Sep 30th, 2013 at 10:22 AM
Yes, send her a copy of your H-1B approval notice.
Answered on Sep 30th, 2013 at 9:51 AM
You don't need to have a stamped h1 for your wife to apply for h4. As long as your petition was granted and your change of status was granted, she can do it.
Answered on Sep 30th, 2013 at 9:49 AM