kranthim Posted January 8, 2014 Report Share Posted January 8, 2014 I am currently working on "OPT status", I will file my H1 in April 2014, I am planning to marry in May 2014, My question is If my H1 gets approved in April 2014, can my spouse go for H4 visa in May 2014. Please let me know if that is feasible, I will be on H1 status form October 2014 even if my H1 gets approved in April 2014. Can he enter USA on H4 in May 2014. Link to comment
jairichi Posted January 8, 2014 Report Share Posted January 8, 2014 I am currently working on "OPT status", I will file my H1 in April 2014, I am planning to marry in May 2014, My question is If my H1 gets approved in April 2014, can my spouse go for H4 visa in May 2014. Please let me know if that is feasible, I will be on H1 status form October 2014 even if my H1 gets approved in April 2014. Can he enter USA on H4 in May 2014. I know one could apply for a H1B visa 90 days before employment start date. Possibility it might be same for H4. Also, he can enter US on H4 only after your H1B status becomes active. Link to comment
pontevecchio Posted January 8, 2014 Report Share Posted January 8, 2014 In order to enter before October he needs a F2 visa. If he wants to come in H4 status he can do so in October. Link to comment
JoeF Posted January 8, 2014 Report Share Posted January 8, 2014 Your H1 would only start in October, so an H4 can only be filed from October on. Until October, you'd be in F1. There is no "OPT status." OPT is part of the F1. Your spouse would have to get an F2 visa. Link to comment
t75 Posted January 9, 2014 Report Share Posted January 9, 2014 Until you are on H1B, your spouse cannot be on H4. He will need to obtain F2 stamping to enter before your H1B start, See your DSO Link to comment
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