which is more rational to bring spouse on H1 or H4?

S

Super_raj

Registered Users (C)
Friends,

I am in US on my OPT and will file H1 Apr08.
My spouse, she is in india and I am planning to bring her here. so which option would be more thoughtful?
1. Apply for her H1 next Apr08 (hope for the best) and bring her on H1
--- Would be any problem if I marry her? then in which status she will fall?
H1 or H4 as my dependent.

2. Bring her on H4 as my dependent and apply for h1 later on.

So in either case if she got her h1 approved and marry me would she be h1 or h4?

Also please suggest your own valuable options if you have any.
Thanks in advance...
rp
 
Super_raj said:
Friends,

I am in US on my OPT and will file H1 Apr08.
My spouse, she is in india and I am planning to bring her here. so which option would be more thoughtful?
1. Apply for her H1 next Apr08 (hope for the best) and bring her on H1
--- Would be any problem if I marry her? then in which status she will fall?
H1 or H4 as my dependent.

IF YOUR WIFE APPLIES FOR H1, AND FOR SOME REASON GETS REJECTED, SHE MIGHT HAVE DIFFICULTY GETTING A H-4 DEPENDENT VISA IN THE FUTURE.

HOWEVER, MY WIFE APPLIED FOR H4 VISA (SHE HAD NEVER APPLIED FOR ANY US VISA BEFORE), AND THE VISA IS UNDER ADMINISTRATIVE PROCESSING FOR THE LAST 10 WEEKS (I AM ON H1-B), AND WE HAVEN'T HEARD ANYTHING SINCE.

BUT IF YOUR WIFE COMES ON H4, SHE CANNOT WORK UNTIL SHE GETS A H1-B.

BOTTOM-LINE: IT IS A CATCH-22 SITUATION, GOOD LUCK.
Click to expand...
 
desiboy100,
I appreciate your time. but do you have more information about "if spouse got rejected on H1 she will have problem in getting H4". I mean what could be 'problem' behind this.
Also, if she comes on H4, then its complecated process to apply for her h1?
 
If you go #2, it's very likely she can not get H1 for 2008.
Why ?
To get her H4, you have to be on H1, which you can get at the earliest on Oct 1 2008.
then she gets H4. Obviously all the H1 is likely gone at that time and she has to wait til April 2009 to apply H1.
 
Super Raj,

what i meant to say that if you wife gets rejected on H1, it will be difficult for her to get H4.

The VO will have records, right? So, let's say your wife went for the interview on Jan 1st for H1, and unfortunately, didn't get it.

Now, she goes for her H4 interview on April 1st. The VO will know that she has already been rejected on H4. So, the VO will think, maybe your wife will try to get a H1 after going to the US, and she is using the H4 just as a method of entering the US.

We are all in the same boat that our wives want to work in the US, but cannot on H4. So i can understand your wanting her to come to the US on H1. But i think it is more important that your wife does join you in the US the best, and easiest way possible.


this is my personal opinion, but i did read in some forum (maybe this one), that someone whose visa had been rejected sometime back for H1, was also rejected for H4.

But then again, each visa interview is case-by-case, but please do your due diligence before you proceed, and it is always best to consult proper immigration lawyers on this matter.
 
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