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Can I file H4 visa for my wife if my H1 is still pending for approval?

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  • Can I file H4 visa for my wife if my H1 is still pending for approval?

    Hi,

    I am getting married in mid of Dec, 2017 and I want to bring my wife along with me after marriage.

    I am currently on F1 OPT Extension. My H1b application was selected in the Lottery selection process earlier this year and is still pending for approval. However, on June 27th the application status changed to Request for Evidence (RFE) required. My employer attorney will be providing the required information asap.

    Assuming my H1b petition will be approved:

    I want to know:
    1. Is it required for my H1b petition be approved before filing H4 visa for my wife?
    2. If Yes, Can we take appointment together in December for both of us? My H1b Stamping and her H4 Approval. Please suggest if any other better option of scheduling visa interviews.
    3. Is my spouse's name required to be on my passport?
    4. How long does it usually take for RFE decision to be made? Assuming my attorney will submit the required information with in next 5 days.

    Request you to please help me on this. Any help is greatly appreciated.

  • #2
    Originally posted by [email protected] View Post
    Hi,

    I am getting married in mid of Dec, 2017 and I want to bring my wife along with me after marriage.

    I am currently on F1 OPT Extension. My H1b application was selected in the Lottery selection process earlier this year and is still pending for approval. However, on June 27th the application status changed to Request for Evidence (RFE) required. My employer attorney will be providing the required information asap.

    Assuming my H1b petition will be approved:

    I want to know:
    1. Is it required for my H1b petition be approved before filing H4 visa for my wife?
    2. If Yes, Can we take appointment together in December for both of us? My H1b Stamping and her H4 Approval. Please suggest if any other better option of scheduling visa interviews.
    3. Is my spouse's name required to be on my passport?
    4. How long does it usually take for RFE decision to be made? Assuming my attorney will submit the required information with in next 5 days.

    Request you to please help me on this. Any help is greatly appreciated.
    1. Yes.
    2. Yes.
    3. Not necessary.
    4. Depends upon the nature of RFE and documents submitted by the attorney, the earlier the response the faster will be the decision.

    This is my opinion not legal advice.

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