I recently got my H1B approved but its not stamped yet. My wife is currently on H1B but she will loose her job by 10/25/15. We need to apply for COS for her. Since my passport is not stamped can I still apply for her h4 visa?
If you are maintaining H-1B status, she is eligible for H-4.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
As my colleague indicated, if you are presently in the United States working under the terms and conditions of your H-1B, your wife is eligible to change to H-4 status. The fact that you have not obtained the corresponding visa in your passport is meaningless IF your H-1B was a change of status.
If for some reason, you are in the U.S. and hold an H-1B approval with consular notification, then you need to activate your H-1B status by departing the United States, obtaining a visa in your passport and entering.
This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.
Yes since your H1B is approved you can apply for your wife's COS, All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
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