Applying H4 before H1 expires

[ravens]

Hello Friends,
My H1 is expiring in Aug 2011, I am planning to get married in May 2011.
H1 extension will be filed by my employer in first week of Mar 2011.

What is the earliest date I can apply H4 for my wife? How long it takes to approve the H4? Can I schedule the interview immediately 2 days after marriage date?

I also want to know if it is ok to apply for B2 visa instead of H4 for my wife in Mar 2011 and later apply for change of status (I 539 from B2 -> H4) after marriage, because till then I will also get the new I 797.


Thanks.

[shervin143]

What is the earliest date I can apply H4 for my wife?
>>> She can go for the visa interview anytime after the marriage with all the required documents from the principle applicant (You).

How long it takes to approve the H4?
>>> If everything goes well, the passport can be collected at the VFS office the immediate next day.

Can I schedule the interview immediately 2 days after marriage date?
>>> Yes. Your marriage should be registered before that and you should have the marriage certificate in hand.

I also want to know if it is ok to apply for B2 visa instead of H4 for my wife in Mar 2011 and later apply for change of status (I 539 from B2 -> H4) after marriage, because till then I will also get the new I 797.
>>> I believe it is unnecessary. Unless she want to visit U.S for tourism, B2 is not the appropriate visa. If she cannot prove that she not travelling for tourism, her visa will be rejected. The best option is to apply your H1B in premium and get the result within 15 days. So when she is ready to go for the H4 stamping, she will have your latest extended I-797.