I have a B2 currently. My husbands h1b is approved pending consular visit. He has received his I 120/ 765 A approval notice. Can I apply for the H4 now or can I apply only once he receives his h1b visa post consular visit?
Let him obtain an H-1B visa first and then apply or else apply at the same time as him.
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Did he receive the actual I-94 or indicated that he would have to pick up the visa at the designated consular post? If he received his I-94 (but had to go home for some reason and pick up the visa), you can get the change of status to H-4. If he had to show up for the consular appointment to get his visa, it is best to wait for him to return with the actual visa in the passport and file then. You would need to show your marriage certificate and his approval + the visa.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
If the H1B is required to obtain a visa the H4 should wait for the H1 to obtain the visa or apply with the H1.
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