Can i already apply for H4 visa while my spouse who has an H1B visa is still here?

Question

my wife got her H1B visa approved just recently and she will be leaving this july. me and my son would like to apply for H4 visa while she is still here. what are the possibilities of our application be approved.

Answer 1

100%.

You will have to get interview just like she did. Fill out application form for both of you, submit proof of relationship and proof of her H1 B visa, job letter (basically take a full copy of everything she took).

As long as you comply with procedural requirements, issuance of the visa is not a problem at all because it is dependent/derivative visa dependent on the marirage/relationship.