H-4 stamping and entry....Urgent

[nattmaverick]

Hi,
I'm working full time on OPT with cognizant And my OPT will expire in NOV. 2012.
I want to bring my wife back but her F-2 visa renewal was denied last month.
So now my Employer is going to file H-1b for me in APR 2012 with starting date as 1 OCT 2012 so that I can apply H-4 for my wife.

Now my question is if my H-1b gets approve in APR 2012 with starting date as 1 OCT 2012.
Will my wife able to apply for H-4 immediately after my approval or she will have to wait till OCT 2012 ?
and if she gets VISA, Can she enter in united states on H-4 before my starting date of H-1b (i.e. 1 OCT 2012)

Please address it

[shervin143]

Will my wife able to apply for H-4 immediately after my approval or she will have to wait till OCT 2012 ?
>>> She can apply immediately.

and if she gets VISA, Can she enter in united states on H-4 before my starting date of H-1b (i.e. 1 OCT 2012)
>>> There is no H4 without you being in H1B status. She can enter only when your status changed to H1B which is Oct 1st 2012. She will get the I-94 at the POE only by showing your h1B approval notice. If that approval notice is not effective at that time, the officer at the POE will not allow her inside the country.

[nattmaverick]

Thanks for ur reply,
So shud We try visitor visa(B2) for her because we cant wait so long for her H-4.
If she doesn't get B2 visa, Would that rejection impact later on her H-4 visa?

[shervin143]

So shud We try visitor visa(B2) for her because we cant wait so long for her H-4.
>>> Yes, you can try.

If she doesn't get B2 visa, Would that rejection impact later on her H-4 visa?
>>> No.