Can we apply for H4 visa after H1b petetion approval?

[Ram2929]

Hi All,
I found one employer who is ready to sponsor H1B visa for me for the year 2013.I would like to go forward with them.

Myself and my fiancee(who is presently a H1b holder and working in USA) planning to get married next year around June or July(2013).Once we get married,I would like to apply for a H4 and go to US.

1) In case my H1b petetion is approved, can I apply a H4 and go to USA before my H1B visa stamping interview.(Is applying for a H4 visa allowed when my H1b petetion got approved and before my visa interview?)

2) In case my H1b petetion is rejected,Will my H4 visa be effected ?


Note:I had a H1b visa rejection 2 years back (during the visa interview) as my employer at that time was not able to present some documents that the visa office stated in my 221g to produce.

Please let me know if am not clear.

Thanks in advance.

Ram

[kabkaba]

Hi All,
I found one employer who is ready to sponsor H1B visa for me for the year 2013.I would like to go forward with them.

Myself and my fiancee(who is presently a H1b holder and working in USA) planning to get married next year around June or July(2013).Once we get married,I would like to apply for a H4 and go to US.

1) In case my H1b petetion is approved, can I apply a H4 and go to USA before my H1B visa stamping interview.(Is applying for a H4 visa allowed when my H1b petetion got approved and before my visa interview?)
-- No problem at all.

2) In case my H1b petetion is rejected,Will my H4 visa be effected ?
-- No problem.

Note:I had a H1b visa rejection 2 years back (during the visa interview) as my employer at that time was not able to present some documents that the visa office stated in my 221g to produce.

Please let me know if am not clear.

Thanks in advance.

Ram

Both are unrelated.

Moreover, since you had a petition approved for you in the past, you are cap counted. Another employer can file cap-exempt petition for you at any time. They don't need to wait until Oct 1, 2013.

[Ram2929]

Both are unrelated.

Moreover, since you had a petition approved for you in the past, you are cap counted. Another employer can file cap-exempt petition for you at any time. They don't need to wait until Oct 1, 2013.

Thanks for your reply kabkaba.

You mean to say any employer can file a cap-exempt petition for me even now? Should it be the same employer who filed my H1b 2 years back or it can be any employer? and if the visa is approved, I will be getting a new I797(approval notice?).In case if the visa is approved and the visa interview is successful, can I go to US anytime and start working?

kabkaba, do you think its better for me to wait to get married (around July 2013) and go to us on H4 and then find any employer to file a cap-exempt petition?or
Ask my new employer to file a cap exempt petetion now itself and then go to US on H1b ?

I just want to know which one of the above can be problem free.

Thanks a lot for helping me.

[kabkaba]

Thanks for your reply kabkaba.

You mean to say any employer can file a cap-exempt petition for me even now? Should it be the same employer who filed my H1b 2 years back or it can be any employer? and if the visa is approved, I will be getting a new I797(approval notice?).In case if the visa is approved and the visa interview is successful, can I go to US anytime and start working?
-- Yes, any employer. You will need a copy of the previous approval notice, receipt notice or at minimum the receipt number.
kabkaba, do you think its better for me to wait to get married (around July 2013) and go to us on H4 and then find any employer to file a cap-exempt petition?or
Ask my new employer to file a cap exempt petetion now itself and then go to US on H1b ?
-- That is up to you and the employer.

I just want to know which one of the above can be problem free.

Thanks a lot for helping me.

See above.

[Ram2929]

See above.

Thanks again !!