I am on OPT. My company is filing for H1 in april 2015. Which if i get approved will be activated in october. I want to marry my fiancee who is coming on B1. Is it possible to get married and then apply for H4 while staying in US ?
It would depend on the timeline of events. When you are ready, talk to an immigration attorney before you proceed to file any application.
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.
Yes you can apply for h4 for your wife if your H1b is approved and she can change her status from B to H4
Your question raises a troubling issue of immigrant intent. Please get help immediately and do not take any action until you are fully advised; a B1/B2 is a visitor non-immigrant status. Seek help from competent immigration counsel.
No attorney-client relationship is created or implied by this communication.
Yes, if your change of status to H-1B is approved, your spouse could change his/her status to H-4 if he/she enters the US in B-2 visitor's status.
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.
Yes, but if your fiancé falls out of status before the h visa is available he will not be able to change status. Timing is critical.
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