Employer did not file for H-4 visa while filing for H-1 visa

Hi Saurabh,

While filing for my spouse H-1 visa, his employer did not file for our H-4 visa. Currently we are staying in USA on L-1 and L-2 visa respectively, valid till October 2013 first week. My spouse H-1 visa got approved, and now when we are asking his employer about H-4 visa filing he is saying to wait till September.

Now my question is how long it takes for H-4 visa approval, is one month enough? As we don’t want to go back to India for stamping.


H4 visa does not require a petition by your employer. If you spouse’s H1B is approved, the same petition has to be used to schedule H4 stamping for dependents.

If you are inside US on L-2, then they need to file H-4 COS now so that it gets approved by Oct. Why do they want to wait until Sep when the H-1 is already approved w/ COS?

Hi Saurabh and MS_H1B2013,
Thanks for answering my queries.
Recently my spouse employer have send the documents for H4.