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Please need answer asap, Appreciate your help

My employer Filed my h1b for 2017 and I got my approval on Jan 25th. When they filed my h1b they forgot to file H4 for my wife.

They filed H4 last week, My question is, how much time do I have to file H4 after my H1b is approved.

asked in L1, L2, H4, B Visas & Misc by (120 points)
You need to file her h4 along with your H1b petition. As soon as your petition gets approved you will be no longer in F status so does F2. If you haven't filed her COS i would strongly recommend to file it ASAP.

Just an FYI in some cases adjudicating officer (within his/her discretion to approve) might see this as an out-status petition and reject the COS. If at all they reject the COS petition your spouse will be accumulating more days of illegal stay. The way i see right now for processing COS petition its taking nearly 3-4 months so plan accordingly.

I know this because i was in the same boat as you, i had to send my wife back to India so that she doesn't accumulate out of status days.
Thanks for the response.

We sent documents to the lawyer already, she is planned to send documents to DHS in next couple of days.

I guess it will reach USCIS by end of the week.


1 Answer

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You can file H4 anytime, as long as she has valid H4 and maintained status
answered by (40.5k points)

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