Husband currently on OPT n need to file H1 for him n H4 for me - help needed

[poonamg]

Hi,

My husband is currently working on OPT. In near future he will be applying for H1B visa. At the same time he wants to apply H4 visa for me. I need to know that -

1) Based on above case, can he apply both - his H1 n my H4 visa application at the same time?

2) If YES, then while appearing H4 visa interview (of mine), is it mandatory
for him to be present along with me for interview for stamping of both the visas?


Awaiting for positive response.

Thanks,
Poonam

[kabkaba]

Hi,

My husband is currently working on OPT. In near future he will be applying for H1B visa. At the same time he wants to apply H4 visa for me. I need to know that -

1) Based on above case, can he apply both - his H1 n my H4 visa application at the same time?
This depends on your location and if in the US your status.

2) If YES, then while appearing H4 visa interview (of mine), is it mandatory
for him to be present along with me for interview for stamping of both the visas?


Awaiting for positive response.

Thanks,
Poonam

If you are in the US in another status (F2, H1 etc.) then you cna file I-539 alongwith your husband's employer's H1 petition. If approved you will receive a new I-94 showing H4 status. After that whenever you leave the US you will need to apply for H4 visa at a consulate nearby.

If you are outside US, you will need to wait for your husband's H1 petition to get approved. After approval you will need to apply for H4 visa at a consulate and after that is approved you can travel to the US on or after H1 validity date.