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  #1 (permalink)  
Old 09-22-2009, 03:28 AM
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Default URGENT: file h1b/h4 for my wife same time~

Hi, guys, i am new here, I hope you guys can help me with my urgent questions.

I am on my OPT which i do have a F-1 visa. my employer said he will file my H1b petition on Jan. 1st. and thank god this is from a non profit organization(hospital and filing from university hospital level), so i guess i do have the non-cap advantage...

my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time? is it possible to apply for H1b for me, and my wife f1 to h4 change of status the same time without i get approved on h1b? she is going to meaningless school to maintain her status, but if she can be on h4 (not including f2), she can save alot of money and alot lesser pressure.

i don't know how is this work, and how much is the f-1 to h-4 status change costs. also, if i get denied, she will be denied too, but if she gets denied, will i get denied?
in other word, is filing both visa same time affect the chance of getting approved? i have heard some people saying that it's alot better to file one at a time rather than both at the same time.

u guys know the odds of getting approved on h1b from non profit organization these days? my hospital is a non profit research hospital with 1500+ employees.

thanks alot guys and girls. i wish you the best with your visas!!!!
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  #2 (permalink)  
Old 09-22-2009, 07:45 PM
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Any advise would be great of help. Thank you so much guys.
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Old 09-22-2009, 08:34 PM
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Quote:
Originally Posted by pleaseadviseme View Post
my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?
Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.

Quote:
i don't know how is this work, and how much is the f-1 to h-4 status change costs.
That depends on the lawyer, Filing fees are $300


Quote:
if i get denied, she will be denied too
Yes

Quote:
but if she gets denied, will i get denied?
No, not necessarily

Quote:
in other word, is filing both visa same time affect the chance of getting approved?
I've done thousands of H-1B and H-4 cases filed together. It's very common.

Quote:
u guys know the odds of getting approved on h1b from non profit organization these days?
If the job meets the H-1B criteria, and you do also, you should be fine.
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This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #4 (permalink)  
Old 09-23-2009, 01:56 AM
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Thank you very much for the quick reply!
I just got some feedback from my employer.

Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

Thank you so much again, you have been a really helpful attorney.
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  #5 (permalink)  
Old 09-23-2009, 04:34 PM
US Immigration Attorney
Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
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Quote:
Originally Posted by pleaseadviseme View Post
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.

Quote:
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.

Quote:
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
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Toll-free phone: 1-866-318-8813
emartin@martinvisalaw.com
www.martinvisalaw.com
www.martinvisalaw.blogspot.com
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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  #6 (permalink)  
Old 09-23-2009, 08:01 PM
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Quote:
Originally Posted by martinvisalaw View Post

First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
Thank you so much, you have been really helpful.

My last question to you here... sorry to be so annoying. I just got a new notification from my employer, saying that he will file my h1b on feb 1st. (sucks), and "petition" for June activation on the visa. I don't know what does that mean, but could you please suggest me what should my wife do? i mean my f1 should ends on may 31st. and h1b will start on june 1st. but when should she start filing for h4? i heard that she will be legal once she filed the h4, but i don't know how long it takes for the uscis to know she filed the change of status petition. for example... can she file on may 31st?
or is it even possible if i receive my h1b visa approval on April, and she files for H4 when i got the approval but petition for june 1st activation, same as me?
because i really don't think my employer is willing to file for both of us. Thank you very much, Please let me know because we are making a decision sometime this week... thanks alot!
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