H4 or H1 for my wife??? Please help me

[kadkhiq81]

Hi all,
I am on h1 and came to US on Feb 10th. Now, I am planning to bring my wife here and have a plan to process her h1 with my current employer.

Now, could you please let me know which option would be the best?

1. Let me my wife travel on h4 and then process her h1 in Apr 2013? Is this possible considering the time constraint

2. Process her h1 from India and bring her in h4 while the h1 is under progress and then apply for LCA amendment?

I really do not want to mess up anything and would be really great if any could help me with your expertise.

Thank you.

[kadkhiq81]

H4 or H1 for my wife??? Please help me

Can anyone please suggest me here ???

[binoca82]

Your wife can come to US on H4 now, then the employer can file a COS to H1 on April 1.

[kadkhiq81]

Thank you for your reply...

I am afraid that she could come here on h4 in a month time.

Would there be any issue if I ask my employer to initiate her H1 first and then apply for her h4 shortly. So that she could join me early and don't hVe to wait until Oct 1st if everything goes well.

Pls direct me on this.

[binoca82]

In that case, H1 will be applied for consular processing and the employer need to do a COS again to H1, if she enters US on H4. Or she should leave US, get H1 stamped and return to US.

[kadkhiq81]

H4 or H1 for my wife??? Please help me

Thnx a lot for your response Binoca82.

1. If a New H1 filed for my wife in this quota, can I apply for her H4 while the h1 under the progress?? Would there be any issues either for H4 or H1?

2. If there is no issue, Once after she reaches here, Can my employer amend my wife petition from h4 to H1??

Sorry if your below response has already answered this..I was not able to get it correctly.

Pls help me Binoca12.

[binoca82]

1. Yes, you can porcess h4.
2. Yes, her employer need to file a COS from H4 to H1.

[kadkhiq81]

H4 or H1 for my wife??? Please help me

Thank you very much for your time and help.