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  • H1-H4 filing

    Hi,

    My husband is currently in US and im working in India.My company will be filing an H1 for me in April 2012, and the earliest i can travel would be Oct 2012.
    I have a few questions regarding H4

    1. Will i be able to file for an H4, even if i had already filed an H1 in April but not yet approved by the consulate ie,the time period between H1 filing and stamping ?
    2. Suppose i already had a valid H4,and i filed a new H1 in april 2012, in that case when will my H4 get invalidated ? Soon after filing H1 or once the H1 is stamped ?

    Thanks
    neha

  • #2
    What exactly do you mean by filing H4? Do you mean the visa or the petition? If I read your question correctly, you are currently outside U.S. A person who is outside U.S cannot file an H4 petition. You just need to get the H4 stamped based on your husband's H1B petition. When you file H1B in April, will yu be outside U.S or will you be in U.S in H4 status? If you are in U.S, are you planing to file the H1B as a COS or Consular process.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1-H4 Filing

      Hi,

      Yes, i meant getting my H4 stamped based on my husband's H1B petition.
      While filing, H1B in april, i would be outside US.

      So let me re frame my questions.

      1.My company filed H1 on april 1st 2012.Will i be able to stamp my H4 by mid of april?
      2. Suppose i stamp my H4 in March, but i do not travel on H4 to US.Then i filed my H1 in april, will my H4 get invalidated in this case?
      If not till when will my H4 be valid? Will it be valid until my H1 getting stamped?

      i hope this time the queries are clear.

      Awaiting you reply.

      Thanks
      Neha

      Comment


      • #4
        1.My company filed H1 on april 1st 2012.Will i be able to stamp my H4 by mid of april?
        >>> Yes.

        2. Suppose i stamp my H4 in March, but i do not travel on H4 to US.Then i filed my H1 in april, will my H4 get invalidated in this case?
        >>> No.

        If not till when will my H4 be valid? Will it be valid until my H1 getting stamped?
        >>> It will remain valid until it expires or cancelled bythe consulate when you gof or the H1B stamping. If they do not cancel it, thenit will remain valid until its expiry date for you to enter in H4 status.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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