Can we apply H4 visa before Oct-01-2012 (H1B (2013 Quota got approved)?

USA L1, L2 Visa
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Dear Admin & Saurabh

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?

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  1. Yes

  2. Correct

  3. As long as they pay you salary >= LCA amount after Oct 1, you should be fine

  4. Yes, she can use the same H-4 visa stamp. You will have to file new LCA and H-1 amendment after changing the client

3

Do we have this thing written somewhere. I need to show this to my employer that yes we can apply for H4 90 days before H1 start date. VFS doesn’t reply. Any idea where to find that info. VFS says is specifically for H1 and not for entire H category.

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Did u apply for H4 visa? what did u found out about applying for H4 visa before Oct 12? I am in exactly same situation…

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Can someone confirm if she attended the visa interview. I have the same situation. I asked my employer and he said that she can attand the interview only after oct 1st.

6

Same to same situation,Can we apply H4 visa before Oct-01-2013 (H1B (2014 Quota got approved). Please help Thanks

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Yes, u can apply for H4 visa before 1st Oct. if visa is approved person may travel only after 21st Sep.
I can say that coz I was in same situation last year.

8

Thank you Raj for a quick response. Any suggestions before going to H4 visa

9

I found this link to be very helpful

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Hello Raj. My wife got h4 visa approved on Aug 8th. She is planning to travel on sep 21st 2013. Just want to confirm, when your wife entered into US, i mean is it sep 21st or Oct 1st? Is there any problem if she enter in to US on sep 21st, at port of entry?