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Apply for H4 Dependent Visa while H1B is under processing

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  • Apply for H4 Dependent Visa while H1B is under processing

    Hi,

    I am currently in India and my company has filed for an extension of my previously expired H1B visa. I had travelled to US in 2007 and used 3 years of the available 6 years on that visa. My H1B visa expired in March 2010 since my project ended and my company did not renew the visa.

    My company has now filed for an extension of my H1B (I129) on Aug 22nd 2012 and the status is currently in Initial Review. My wife is currently in the US on valid H1B and would like to join her there. My questions are as follows;

    1. Can i apply for an H4 visa while my H1B visa application is under processing (filed under regular processing). Its been close to 2 months now, and im not sure how much longer it would take. It has been filed at the California Service Centre.
    2. Can i travel on H4 without affecting the H1B application.
    3. If there are no issue, will i have to travel back to India for my H1B stamping once the approval comes through or can i file for a change of status in the US.
    4. Do you think applying for a premium processing could expediate my current h1b application, or its too much of risk.

    I need to travel to US to be with my wife and want to find the best possible option.

    Thanks for your help.

  • #2
    Do you have an update on this ?

    Hello,

    I too am in a similar situation, my wife's company has applied for H1B visa which has been selected in the lottery but has been put on RFE. In the meantime, I want to process her H4 dependent visa, so that she can travel to the US and stay with me for sometime.
    Will processing her H4 dependent visa, impact her current H1B visa processing.

    People with similar experience, pls respond.

    Thanks.


    Originally posted by crumble2012 View Post
    Hi,

    I am currently in India and my company has filed for an extension of my previously expired H1B visa. I had travelled to US in 2007 and used 3 years of the available 6 years on that visa. My H1B visa expired in March 2010 since my project ended and my company did not renew the visa.

    My company has now filed for an extension of my H1B (I129) on Aug 22nd 2012 and the status is currently in Initial Review. My wife is currently in the US on valid H1B and would like to join her there. My questions are as follows;

    1. Can i apply for an H4 visa while my H1B visa application is under processing (filed under regular processing). Its been close to 2 months now, and im not sure how much longer it would take. It has been filed at the California Service Centre.
    2. Can i travel on H4 without affecting the H1B application.
    3. If there are no issue, will i have to travel back to India for my H1B stamping once the approval comes through or can i file for a change of status in the US.
    4. Do you think applying for a premium processing could expediate my current h1b application, or its too much of risk.

    I need to travel to US to be with my wife and want to find the best possible option.

    Thanks for your help.

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