H1B transfer and H4 application

[gratoo]

Hi,

I have a few questions related to H1B visas, H1B transfer, marriage and H4 visas.

Here's a little bit of background: My girlfriend and I have been living and working in San Francisco for respectively 2 years and almost 3 years. She's Australian, I'm French. We both have a H1B visa and mine is currently being renewed. I've recently been forced to leave my current job and my employment officially ends on July 28th. I might be able to get a new job before that but to be safe my girlfriend and I decided to get married on June 17th. This is not a rushed decision as we've been together for 6 years and already registered ourselves in Australia 3 years ago as being in a defacto relationship.

Here's my questions:
- Can I apply for a H4 visa before my H1B ends?
- What documents do I have to fill for the H4 application?
- How long does the H4 approval takes? Will I have to leave the country?
- If I get a new H1B petition started, how long can stay in the US waiting for the full approval?

Thanks

[shervin143]

- Can I apply for a H4 visa before my H1B ends?
>>> Possible as long as you are married as of the date of filing the H4. You need a marriage certificate.

- What documents do I have to fill for the H4 application?
>>> Check out this thread.

http://www.immihelp.com/forum/showthread.php?t=75640

- How long does the H4 approval takes? Will I have to leave the country?
>>> 60 to 90 days. You don't have to leave if the COS is filed before your H1B status ends.

- If I get a new H1B petition started, how long can stay in the US waiting for the full approval?
>>> If you file the transfer prior to your current H1B employment ends, then you can start working for the new employer based on the transfer receipt notice. You cannot stay in U.S in H1B status without working. If you do that, you will go out of status.

[gratoo]

Thanks a lot for the info Shervin. That's really helpful. One last question, I understand that my H1B ends with my employment but I've heard of a 30 days grace period. Is it really something that people successfully benefited from to find another job and fill another H1B petition?

Thanks,
-Stef

[shervin143]

Actually there is no such thing as a grace period. Any time in-between employments on H1B status is considered as out of status period. It is advisable to keep this period (if there is no way to avoid it) as minimum as possible. Depending on who is handling your case, it can impact your future H1B petitions and visa approval.