H4 Question

[sameer77]

Hello All,

I am really delighted to see people helping out others on this message board.

I've a question. I am here on H1B which expires Sep 2004. This is my first H1B. So I can get an extension, hopefully.

In the meantime, my employer is sponsoring me for a greencard. I am assuming this process takes at least 2 years.

I got married last year and my wife is in India. She goes to a college there and she has two more years before she could join me here in the US.

I am told that she has to have a visa so that her name would be attached to my Greencard. This way, we both would have greencard at the same time.

When do you think, would be a good time for her to apply for H4 visa? Does she need to wait until when H4 is absolutely needed (like during I-485 or something) or can she just go ahead and apply for the visa now? What would be the best strategy?


If she applies now, since she won't be able to come here right away, can INS say in future, she did not utilize her visa (like at the port of entry or during extension or greencard)?


I would really appreciate guidance in this matter.

Thanks in advance.

 

[nkm-oct23]

Originally posted by sameer77
Hello All,

I am really delighted to see people helping out others on this message board.

I've a question. I am here on H1B which expires Sep 2004. This is my first H1B. So I can get an extension, hopefully.

In the meantime, my employer is sponsoring me for a greencard. I am assuming this process takes at least 2 years.

I got married last year and my wife is in India. She goes to a college there and she has two more years before she could join me here in the US.

I am told that she has to have a visa so that her name would be attached to my Greencard. This way, we both would have greencard at the same time.

When do you think, would be a good time for her to apply for H4 visa? Does she need to wait until when H4 is absolutely needed (like during I-485 or something) or can she just go ahead and apply for the visa now? What would be the best strategy?


If she applies now, since she won't be able to come here right away, can INS say in future, she did not utilize her visa (like at the port of entry or during extension or greencard)?


I would really appreciate guidance in this matter.

Thanks in advance.

She can apply H4 anytime but a visa is not a pre-requisite for you applying for greencard. However, if you choose to apply for I-485, she needs to be present in the US at that time.
It is always better to apply as soon as possible. Since she is a first time applicant she will need ot appear for an interview before her H4 can be granted. Depending on the the US consulate it can take upto 3 months.