my spouse has H1B valid from nov/2012 to nov/2015, I want to apply for H4.
If i apply for H4 now in Dec/2012, can i get my H4 stamping before march/2013. So that i can travel to US in march and file for H1B.
If your spouse already has H1B petition approved, you can apply for H4 visa anytime. Has your spouse got visa stamped after interview? If not, you can apply for H4 visa and go with her/him for interview. It is simple and does not take time.
If spouse has got stamping done on passport, even then you can apply H4 and then go for interview but you will have to attend the interview by yourself. In this case you would need to carry spouse I797 (original or copy) along with your documents. VO may ask why you did not apply with primary applicant (your spouse), just give a correct reason for the same. But do not mention you will work there or will apply for H1B when in US.
When I got my H1B petition approved, my employer asked me to fill DS160 form for myself and my wife online. There was no petition submitted for dependent H4 and only DS160 was filled. In her DS160 I had to provide my H1 receipt number. Then my employer scheduled a group interview for me and her. We went together to embassy and gave interview. Finally got the passports stamped with visa.
Thanks for the Reply.
Yes my spouse visa got stamped.
My spouse employer asked to apply for H4 only when the travel date is confirmed. So my H4 was not applied along with my spouse H1B.
My primary concern is if i apply for H4 now (in Dec/2012 or Jan 2013), will i get H4 stamped soon and can i travel in march so that i can apply for H1B in April/2013?
Yes you can. As I mentioned there is no petition for H4 which you need to submit to USCIS. It is just a visa stamping similar to what your spouse did for H1b stamping.
Ask your spouse to ask employer for raising stamping request for you if they are paying the fees or if they have enrolled in BEP program as employer need to give BEP letter in such cases. If they have not enrolled in BEP, then you can raise the request yourself too.
After completing DS160, you would need to schedule interview and that depends on available date in consulate. Once you attend the interview, you will get visa in 3-4 days if it is approved. If you apply now, you can get it stamped in Jan itself and travel in Feb too.
Last year quota was filled by Jun 11, 2012. This year it may get full by Apr end too. So it is better if you reach US as early as possible and then file for H1B as you would need employer to file it (either fulltime or consultancy).
thank you very much allendsup23…this is very helpful…