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Can I apply for H4 VISA for my family during my H1B trnsfer phase?

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  • Can I apply for H4 VISA for my family during my H1B trnsfer phase?

    Dear Immihelp,

    I recently joined a software company in Santa Clara. I joined here as soon as my new employer received receipt from USCIS for my H1B transfer petition. After joining new employer, I came to know that my current employer has filed H1B transfer under normal processing . As I am aware, normal processing for H1B transfer will take min 3-4 months.
    Currently, My wife and Kid doesn’t have H4 VISA. I would like to apply for H4 VISA for my wife and kid to bring them here (USA).

    Can I apply for their H4 VISA during my H1B transfer phase?

    How can I do go ahead with this?

    How can I bring my family to USA during my H1B transfer phase?

    Thanks,
    Anil

  • #2
    They need a valid H1B petition to attend the He visa interview. It is very much advisable to wait for the transfer to get approved so that they can go for stamping with the transferred/extended petition which will give them an extended visa and I-94 (@ POE). Even if the petition for H1B transfer was filed under normal process, you can upgrade to premium anytime and get a result within 15 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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