Urgent F1 to H1 and H4 for my wife

K

kris2001

Registered Users (C)
Hi Dear Attorney and everybody

I completed my MS in computers last year and i had couple of questions? Can somebody help me in this matter.

I completed my MS and right now i am on mt OPT working for a software company. My OPT expires by July 2004. My employer filed an H1B application for me on regular processing on Jan 20th 2004 and i got a LIN number from INS dated Jan 30th.

Q.)Will my H1B application be subject to cap or will my application be processed in the 65,000 quota as my application reached INS before Feb 17th and i also got my LIN number?

Q.) I got married when i was doing MS last year and my wife is in india right now.she was never here before to USA on F2. Can i sponsor her for H4 visa as soon as i get my H1B approval or do i need to go out of USA and get my visa stamped before i sponsor for my spouse H4?
 
1. Yes, but it will come under the cap.Cap was reached on applications after Feb 17th
2. You can sponsor for H4, but a US consulate might demand a H1 stamp.
 
>> Q.)Will my H1B application be subject to cap or will my application be processed in the 65,000 quota
Yes, Yours is a new hiring and is subject to the cap. But you are free. Even though you get a RFE, your case will be processed. Just relax about this issue.

>> Can i sponsor her for H4 visa as soon as i get my H1B approval or do i need to go out of USA and get my visa stamped before i sponsor for my spouse H4?

The H1B approval notice I-797 usally cames with two forms: with I-94 and without I-94. If you get the former, you don't need to travel out of USA for the purpose of sponsoring your wife. If the latter, you have to.
 
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