Approval Time

[modi_rushabh]

I'm on OPT right now and working on the project. If my employer file my H1 in this April then how soon I get my H1, I have to wait till October? What if I apply with the premium processing?

[kabkaba]

With premium the decision can be received in 15 days but the H1 term starts on Oct 1. If your OPT ends between Apr 1 and Oct 1, and if your H1 petition is approved, you can continuously work between end of OPT and Oct 1 using cap-gap. You will need to notify your school's DSO about your approved H1.

[modi_rushabh]

With premium the decision can be received in 15 days but the H1 term starts on Oct 1. If your OPT ends between Apr 1 and Oct 1, and if your H1 petition is approved, you can continuously work between end of OPT and Oct 1 using cap-gap. You will need to notify your school's DSO about your approved H1.

Thanks for your reply. So you saying that if I file with premium processing then I can get answer by end of April right? Once I get the approval, Can I apply for my wife's H4 visa between April and October?

[shervin143]

Yes, your wife can apply for the H4 visa based on your approved H1B petition (before Oct 1st). However, she won't be able to travel in her H4 visa more than 10 days prior to Oct 1st since your H1B will be effective only from Oct 1st.

Thanks for your reply. So you saying that if I file with premium processing then I can get answer by end of April right? Once I get the approval, Can I apply for my wife's H4 visa between April and October?