Can I apply for H4 .While H1 Transfer of my husband is in process.

[Jeniwilliams]

Hi ,
Currently my husband is in US on H1. Me and our son are here at India. We want to apply for H4 visa. But my husband is transfering his H1 . His H1 transfer is in process. When can I apply for H4. Afer the H1 transfer or I can apply now?? Plz need some advice in this.

Thanks in advance

regards,
Jeni

 

[manwithnoname]

You can go for transfer anytime except for a particular situation: Suppose you are using the old I-797 (H-1B approval notice) for the visa stamping meanwhile your husband's H-1B transfer is approved thus invalidating the above document.

Best strategy would be to wait for the transfer.

 

[qaz12]

If your husband is already on the payroll of the new petitioner- you have to wait for the approval notice or the new employer. Your husband can go for premium processing. That way- you don't have to wait for too long in India.