I am in F-1 status pursuant to OPT. My employer filed an H1B petition on my behalf that was approved for the start date of October 1st. My wife is outside of the U.S. and will need to apply for a dependent H-4 visa to join me in the U.S. when my status changes to H1B. Can she apply for the H-4 visa now and join me on or after October 1st?11 Jul 2014
If you do not leave the U.S. before October 1st, your spouse will only be able to apply for the H-4 visa when your status changes from F-1 to H1B. If you decide to travel before October 1st, you will need an H1B visa to reenter the United States to begin H1B employment. In that case, your wife will be able to apply for her H-4 visa together with you prior to October 1st. (11.Jul.2014)
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