Can we apply H4 visa before Oct-01-2012?

[aman007]

Dear Admin, Kabkaba & shervin143,

I always find your forum very useful.
First I would like to brief you about me. Currently I'm in USA on F1 (OPT Extension - End date XX-XX-2013) and my H1B (2013 Quota) got approved in May 2012 (with a activation date of October 1st 2012). I got my I-797.

My all queries are related to my spouse's H4 visa.

Previously my spouse applied once for F2 visa (in Jan 2012) which got denied ( VO said that your husband can't support you and you should apply again for H4 visa once your husband got H1b visa).

Q1: Is it possible for my spouse to apply for H4 visa from 1st July 2012 onwards (without my H1b Stamp and before activation date of my H1b [Oct-01-2012]) on behalf of my I-797 H1b approval?

Q2: I'm aware that she can travel to USA only after 21st September 2012 ( Please, correct me if I'm wrong)


Q3: Currently my employer is paying me less than what's mentioned on LCA ( I'm on percentage bases in a EVC model) but he promised to raise my wages as soon as H1b period starts.
Will this be a problem during H4 visa interview when my spouse will show VO my paystuff [It's 52-55K per annum] which is less than what mentioned on LCA. Consider that fact that my H1b is still not started..

Q4: Currently I'm working with Employer A and Client X. Once my spouse's visa got approved and before her arrival to USA, if I changed my client X to Client Y (While working under same Employer A). Can she use same H4 visa to enter USA or she has to re-appear for H4 visa as I changed my Client to Y on a new project. In any case what other documents she need to carry with her while traveling to USA?

[shervin143]

Q1: Is it possible for my spouse to apply for H4 visa from 1st July 2012 onwards (without my H1b Stamp and before activation date of my H1b [Oct-01-2012]) on behalf of my I-797 H1b approval?
>>> Possible.

Q2: I'm aware that she can travel to USA only after 21st September 2012 ( Please, correct me if I'm wrong)
>>> Your understanding is correct.

Q3: Currently my employer is paying me less than what's mentioned on LCA ( I'm on percentage bases in a EVC model) but he promised to raise my wages as soon as H1b period starts. Will this be a problem during H4 visa interview when my spouse will show VO my paystuff [It's 52-55K per annum] which is less than what mentioned on LCA. Consider that fact that my H1b is still not started..
>>> No issues. The salary on H1B will need to match the LCA approved for that position only when the H1B status becomes effective.

Q4: Currently I'm working with Employer A and Client X. Once my spouse's visa got approved and before her arrival to USA, if I changed my client X to Client Y (While working under same Employer A). Can she use same H4 visa to enter USA or she has to re-appear for H4 visa as I changed my Client to Y on a new project. In any case what other documents she need to carry with her while traveling to USA?
>>> If you change the client, then your H1B need to be amended. Your wife can use her existing valid H4 visa with your amended H1B approval notice to enter U.S.

[aman007]

Thanks Shervin143

Thanks shervin143,

you are always a great help.

Best regards,

I have more question, please let me know if my spouse needs to carry Original or copy of below documents from my side for H4 visa interview:

I-797 Original or Copy
I-129 Original or Copy
LCA Original or Copy

Please suggest.

[shervin143]

I-797 approval notice should be original. I-129 and LCA can be a copy.

Thanks shervin143,

you are always a great help.

Best regards,

I have more question, please let me know if my spouse needs to carry Original or copy of below documents from my side for H4 visa interview:

I-797 Original or Copy
I-129 Original or Copy
LCA Original or Copy

Please suggest.