Can H-4 be applied for a brand new H1B Visa

S

sortingsky

New Member
Hi,

My sister is getting married in few months. The groom is from US. He is currently having L1 visa which will get expired next year. Now, he is having H1B, approved. Stamping, yet to be done for the same. So he is planning to come here, get his H1B stamped - get married and then file for H4 for my sister and take her along with him, during the same vacation period.

Please let me know whether this is feasible.

Thank you!!!
 
sortingsky said:
Hi,

My sister is getting married in few months. The groom is from US. He is currently having L1 visa which will get expired next year. Now, he is having H1B, approved. Stamping, yet to be done for the same. So he is planning to come here, get his H1B stamped - get married and then file for H4 for my sister and take her along with him, during the same vacation period.

Please let me know whether this is feasible.

Thank you!!!
Click to expand...

He has H1 approval notice and can get H1 visa stamp and your sister can get H4 visa stamp AFTER she gets married and she will need marriage certificate. If the H1 holder has job in US then only your sister should come to US Or let him first come to US on H1 and once he finds job then she should come to US as many on H1 are finding difficult to get job of H1 at this time. FYI at H$ she has to sit home as on H4 one cant work in US.
 
Thanks for ur reply ginnu!...

The groom is still in the same company as his L1. since L1 will expire next year, his company processed H1B for him.He got approval too. But stamping needs to be done. My question is, once he comes here and gets married.. he will still posses a L1 visa, which he must stamp to H1B..

After they receive their marriage certificate,

1. Can he and my sister apply for H1-B and H4 the same time, together.
2. Or should my sister wait till the arrival of his new stamped passport and then apply for H4
3. Can a NEW H1B holder apply H-4 for his wife. Coz, somewhere i heard that till ONE year a fresh H1B cannot take a H4 wife.

Awaiting your reply!
 
sortingsky said:
Thanks for ur reply ginnu!...

The groom is still in the same company as his L1. since L1 will expire next year, his company processed H1B for him.
He got approval too. But stamping needs to be done.

My question is, once he comes here and gets married.. he will still posses a L1 visa, which he must stamp to H1B..

After they receive their marriage certificate,
-------------------------He has to get H1 visa stamp to enter US on H1 status. he does not need marriage certificate.Your sister will need marriage certificate to get H4 visa and her name change on passport.
1. Can he and my sister apply for H1-B and H4 the same time, together.
-----------------------------------They can and he will get H1 visa and your sister will get H4 visa and your sister will need marriage certificate and other evidence of marriage. FYI Mumbai consulate wants that your sister should get new passport copy from Passport office with spouse name on it and she can also change her name after marriage on new passport with surname/last name of her spouse.
2. Or should my sister wait till the arrival of his new stamped passport and then apply for H4
--------------She can also get later.
3. Can a NEW H1B holder apply H-4 for his wife. Coz, somewhere i heard that till ONE year a fresh H1B cannot take a H4 wife.
------------- Where did you read that???? That is wrong info. Many who get H1 and coming to US on H1 it takes them time to get job, find apartment and that is the reason H4 holder should come later but that is not Law.
Awaiting your reply!
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