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Hi,I am applying for H1 visa this year .But my delivery date will be in September 2014. Is it right to apply this year?

Raleigh, NC |

Hi , My visa status is H4. Last year I applied for H1 visa to work in US.But mine was not selected in Lottery.
This year too I m applying for H1 visa. 1)Shall i request to change the H1 petition date from Jan 1 to March or April ? 2) Or Shall I take Meternity leave Before the joining date.? Is there any comfort way to tackle this situation .I need to spend atleast 4-5 months with my kid.

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Attorney answers 3


Your potential employer should not be submitting an H-1B petition on your behalf on April 1 unless you intent to begin your employment on October 1. Try again next year.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You and your employer need to intend to begin employment on 10/1/2014 if filing in April.

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


Why don't you discuss this with your attorney--the person preparing the H-1B petition package? Or the attorney for the H-1B principal under whom you are in H4 derivative status?

The person who posted this question, as well as anyone else who reads this response, should understand that the response is not, and should not be understood as, legal advice. Rather, it is legal information, based on the abbreviated facts presented. Immigration law is very complex, unfortunately, and immigration status adjudications are highly fact-dependent. The reader should retain an experienced immigration lawyer to analyze the facts specific to his/her particular situation to obtain “legal advice”; which this is not. Any answers offered on Avvo are of a general nature and informational only, and are not meant to create an attorney-client relationship.

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