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Can H4 filing be done later if spouse is already in US

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  • Can H4 filing be done later if spouse is already in US


    Myself and my wife are currently in the US on L1 and L2 visa respectively( vis a expired but extensions approved and new I94 received valid till Jan 2013). My current employer is company A , and the same company has also sponsored my H1B petition which is approved ( notify only without COS). I will be travelling outside US and plan to get my H1 visa stamped before coming back to the US. My question is:-
    1) Can my wife stay back in the US while I am in India for my H1 stamping as I plan to travel alone.
    2) What will be my wife's status when I get my H1 stamped.


  • #2
    Your H1 status will kick in on the day you enter the US. Technically your spouse needs to apply for change of status before this happens. It is advised that your spouse should also travel with you and return with or after you with an H4 Visa.
    This is my opinion and not legal advice.