H4 Traveling to the USA - Please help

[Hibiscus]

My wife is applying for H1B this year on 1st April, 2013. She is in the USA now. Once she gets I-797 approval from USCIS (lets say in June, 2013), can I immediately apply for H4 visa and travel to the USA on H4 visa or do I have to wait until Oct 1st, 2013. Any help...Thanks....

[raghvi]

My wife is applying for H1B this year on 1st April, 2013. She is in the USA now. Once she gets I-797 approval from USCIS (lets say in June, 2013), can I immediately apply for H4 visa and travel to the USA on H4 visa or do I have to wait until Oct 1st, 2013. Any help...Thanks....

Whats your wife's current status? On what visa is she working/staying in US currently?

If its a fresh H1 she is applying, then the H1 will eb active only from 01-Oct-2013 or later. And though you can go for H4 stamping before 01-Oct-2013, your H4 can only be active from 01-oct-2013.

This is my opinion not legal advice.

[Hibiscus]

She is on F1 doing her opt. It is her h1b first time.

[raghvi]

She is on F1 doing her opt. It is her h1b first time.

You can travel on H4 only after H4 visa start date which in your case would most likely be 01-Oct-2013 or later as per your wife's H1 start date.

This is my opinion not legal advice.

[Hibiscus]

Thanks Raghvi, that is what I thought.