H4 application confusion

[dipincoolwater]

Hi All,

I have a peculiar situation as I will be applying the H1B for myself on Apr 1 2012, I have query regarding the H4 for my dependents. Kindly respond:

1. Is it mandatory to apply for H4 with the main H1B application together?

2. My wife is 6 months pregnant so I was thinking if I can apply for her and my babie's H4 together in Aug, is that possible?

3. Does the H4 depend on the H1B visa cap. Lets suppose all H1B visa along with my application cap get exausted on Day1 , can we apply for my dependents visa on the next day?

4. Final query is, if I get the visa stamped and dont travle by the end of year, can i apply for H4 visa from here in India itself or I have to travel to US and then wait for 2-3 months and apply for H4?

I am really confused with this situation of whether to apply for H4 along with H1 or not. Forum memebers please put your thoughts here.

Thanks and Regards

Rajesh

[Attorney_22]

Unlike H1B status which is tied to a particular employer and position, H4 status it tied to the principal spouse or parent. Therefore, your wife can maintain valid H4 status as long as you are maintaining valid H1B status. However, your wife must also have a valid H4 I-94 either by entering the U.S. pursuant to a valid H4 visa, or through an extension/change of status while in the U.S. Thus, your wife does not need to file an H4 extension concurrently with your H1B petition, but you must be sure she maintains valid status within the U.S. Therefore it is advisable to file H4 petitions for your dependents concurrently with your H1B petition to ensure a gap in status does not occur. If you have any further questions, please contact a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.