H4 question...Pls Help

[msm1101]

Hi All,

I have H1B visa and will start employment from 1 Oct 2012. My husband also has approved H1B petition but his employer is not sending his petition and supporting docs to attend the visa interview. They are delaying the process for some reason.

1) Can I apply H4 visa for my husband? If so what are the required docs and whats the process?

2) Do i need an attorney to apply H4 for my husband?

3) How long does it take for the H4 process?

4) If I take him with me to US on H4 and if his employer send him the H1B petition and other docs later, can he continue to work on H1B without getting H1B stamped? If not, can he exit US and get H1B stamped and work for his employer without any problems?

Thanks In Advance!!!

[pontevecchio]

1. He can apply for the H4 visa. 2. No. 3. Once he attends the Interview he should get it in a couple of days. 4. No. He can leave and come back on the H1 visa. 5. This wonderful design will not let me go down a sentence unless I type till the end of the sentence. With Windows 8 on the Horizon I can only visualize more pain posting here.

[msm1101]

Thanks a lot for your response :-)

One more question following your reply...

1) My husbands H1B petition is approved and as I already mentioned, he hasn't got it stamped yet. If his employer doesn't use his H1B for this year,can my husband seek for another job in US while on H4 and use this H1B? I read in some other thread that he can have a new h1b (with cos from h4 to h1) filed from any employer. This new h1b petition will be cap exempt and can be filed anytime. Is this true? Pls Help.

[pontevecchio]

Yes he can have a any employer file a non cap H1 petition for him with COS from H4 and then start work after approval.

[msm1101]

Thanks a lot!!!