F1 to H1 approved; H4 for Husband?

[sree57]

hello all,

I have a US master's degree and I am currently on STEM OPT period (valid until Dec 2012)

My H1B petition was approved on July 27, 2012.

I got married in Oct 2011.

My husband attempted for F2 visa twice while I was in OPT (in Oct 2011 and May 2012). It got rejected both times.

We are planning now for a H4 visa for him.

My H1B starts from Oct 1 2012.

I have the following questions:

• Can he attend H4 visa before Oct 1, 2012? If so, when can he enter USA ?
  
• If not, should he wait until November or December so that I can have some pay stubs on my H1B ? (is this safer)?
  
• His visa was rejected on Oct 19, 2012. Is it good to wait for 1 complete year? So that we can answer a 'No' when asked for "rejected twice in last 12 months?" during booking slot and for DS forms? Does this increase stamping possibility?
  

Apart from this, I am planning to change client, NOT EMPLOYER who holds my H1B. The project is on going but I am looking for a better opportunity. If I change my client location now, should I apply for an address amendment? As my husband has to go for H4 stamping.

Would an address amendment have a negative impact on my husband's H4 approval? Am I being too picky?

Please help me. I will be really grateful for your valuable suggestions.

Thanks,

Sree.

[lucky22]

Hi Sree,

Answers to ur questions below:

1) Yes, he can attend for H4 interview anytime after you get your H1 approval notice(I797).

2) You dont need paystubs on 'H1B', current paystubs for 4-6 months is enough as long as it is from the same employer who sponsored ur H1B

3)Assuming he was rejected in Oct 2011(and not Oct 2012), no one can answer that question -- its upto ur discretion, but the fact is you do not have many visa slots available once you choose 'yes' for the field which asks 'Were u rejected twice in the past 12 months'

My husband got H4 stamped successfully on August 17, 2012 after being rejected thrice for F2(June, July & August 2011) -- I cannot suggest you to go for interview now/wait until nov or dec but this was my experience.

Coming to change of client...i dont think it would matter as long as you are with same employer and get your new LCA and H1 amended, but if I were you i would wait until my husband is in US(no particular reason for this, just to avoid some more possible question in visa interview or at port of entry)

Hope this helps and good luck:)