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Sponsoring Spouse during OPT or H1?

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  • Sponsoring Spouse during OPT or H1?

    Hello everyone!

    I'm currently on Drem OPT which is valid through Dec 2015. My employer is sponsoring me H1 this April with premium processing. And I might get married later this year (probably around June). So my question is if I get my H1 approved, when will be the good time to bring my wife here. Which will be a good option now and in long term? Can someone please answer which option below would be better or any other option apart from these.

    1. Bringing spouse on F2 now and changing to H4 after October.
    2. Bringing her directly on H4 after October?

    In either cases will the company sponsor the H4? If they do, how much it would cost from my pocket?

    I would really appreciate if someone can guide me.

  • #2
    Originally posted by Sasikanth View Post
    Hello everyone!

    I'm currently on Drem OPT which is valid through Dec 2015. My employer is sponsoring me H1 this April with premium processing. And I might get married later this year (probably around June). So my question is if I get my H1 approved, when will be the good time to bring my wife here. Which will be a good option now and in long term? Can someone please answer which option below would be better or any other option apart from these.

    1. Bringing spouse on F2 now and changing to H4 after October.
    2. Bringing her directly on H4 after October?

    In either cases will the company sponsor the H4? If they do, how much it would cost from my pocket?

    I would really appreciate if someone can guide me.

    What’s more important to you= get her here as quickly as possible or to choose the more economical route?

    Coming here on F-2 means she can come back with you after the marriage and then you have to file change of status to H-4 by October 1. Your employer is not obligated to pay for or file the H-4 change of status application if your spouse enters on F-2. The filing fee for H-4 is $290.

    Of course, it would be cheaper to bring her here directly on H-4 because you can skip the change of status step.

    Of course this is all assuming your petition gets chosen for the H1B2015 cap and approved before June.
    Last edited by DesiOPTForumAdmin; 02-26-2014, 11:39 AM. Reason: Follow Forum posting rules. Spamming not allowed.

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    • #3
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      • #4
        As it is already going to be march..Your employer can sponsor your h1 and your wifes h4 together. Else as you need to go for stamping at the earliest on November 1st go home and come here together. If company does nothing goes out from your pocket else check uscis.gov for fee

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        • #5
          The person who asked this question would like to correct some content in the question "My OPT is valid through Dec 2014. Not 2015, Please correct this"

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          • #6
            H4 & F2 both costs same and you have to pay visa fees for both... U r not married as u r going to marry around June so u can't file for her yet until u have marriage certificate... I had other situation and my attorney says not to file h4 together with h1 if she is not present in USA.

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            • #7
              it depends on u r situation .. if you want to bring her soon then u can do 1 .. if you want bring her later then you can do 2 ..
              3 it is not mandatory for the company ..
              4 depends on attorney fee ..

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              • #8
                It's completely up to you but H4 is a safer bet as it's a Dual Intent visa whereas F visas are non-immigrant visas. In my opinion you should go for H4 as you're yet to marry and applying for an F2 closer to your OPT expiration will increase the chances of rejection.
                But you cannot file for an H4 with your H1 application if your wife is not present in the US.

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