H4 Visa for spouse whose H1B petition is in process

nishiz · June 13, 2013, 1:19am

Hello,

I am currently working in US on H1B. This year we filed the H1B petition for my wife who is in India. The petition is still under initial review.

 

I wanted my wife to travel to US for couple of month this year between July &amp; September. Can my wife still apply for her H4 visa and travel as a dependent to me. Will it impact her H1B processing.

 

If we wait for the H1B petition to be approved, and if then we apply for her H4 and make her travel for 2 months to US. Will it nullify her H1B petition considering she enters US in July on H4 and leave US before Oct 1.

 

Please suggets what is the right approach to go ahead for it.

 

Thanking you in anticipation

Saurabh · June 13, 2013, 2:21pm

She can go for H-4 visa stamping and travel on that visa even while H-1 is pending. It will not be impacted.

nishiz · June 13, 2013, 2:39pm

hello Saurabh,

thanks a lot for your reply. Can you answer my nother question is , if we wait for her H1B petition to be approved and then file for H4 (before Oct 1) will it make her H1 petition ineffective.

Saurabh · June 13, 2013, 2:43pm

No, it will not invalidate the approved H-1 petition.