H4 to H1 Conversion

[mansan]

Hi Folks -

Got a peculiar situation, thus creating a new thread instead of posting in regular H4 to H1 conversion thread.

Situation -
-My H1B expired last year and I am getting a fresh stamping in out of cap quota.
-My wife's H1B is expiring this month
-Both of us have spent more than 2 years in US on individual H1Bs
-I am applying for my wife's H4 so that she can accompany me to US. (both of us are in India currently)

Question -
- Will we be able to convert my wife's H4 to H1B easily in US? - considering she had a valid H1B in past and she has worked in the states on same.
- will her visa conversion be in regular lottery system or in 'out of cap' process as is being done for me.

Please advise.

Thanks!

Mansan.

[raghvi]

Hi Folks -

Got a peculiar situation, thus creating a new thread instead of posting in regular H4 to H1 conversion thread.

Situation -
-My H1B expired last year and I am getting a fresh stamping in out of cap quota.
-My wife's H1B is expiring this month
-Both of us have spent more than 2 years in US on individual H1Bs
-I am applying for my wife's H4 so that she can accompany me to US. (both of us are in India currently)

Question -
- Will we be able to convert my wife's H4 to H1B easily in US? - considering she had a valid H1B in past and she has worked in the states on same.
- will her visa conversion be in regular lottery system or in 'out of cap' process as is being done for me.

Please advise.

Thanks!

Mansan.

1. As long as there is a genuine employer willign to sponsor her H1 petition and port the H1 to their payroll I dont see any problem in filing a H4 to h1 COS while in US.
2. As long as your spouse was on valid H1 status in last 6 Years she would be cap exempt.

This is my opinion not legal advice.

[mansan]

Thanks Raghvi.

What would be the process for initiating her H4 to H1 conversion?
Is below understanding correct?

Reaches US on H4 > Starts looking for employers (still on H4) > After securing offer employer starts the H4 to H1 conversion > She cannot work till conversion if finalized > start regular employment once H1 petition is approved.

Please let me know your views.

Thanks!

Mansan.

[raghvi]

Thanks Raghvi.

What would be the process for initiating her H4 to H1 conversion?
Is below understanding correct?

Reaches US on H4 > Starts looking for employers (still on H4) > After securing offer employer starts the H4 to H1 conversion > She cannot work till conversion if finalized > start regular employment once H1 petition is approved.

Please let me know your views.

Thanks!

Mansan.

Seems right. Considering there was a shortage of over 80,000 H1s this year, I dont think your spouse should have difficulty finding a job, provided she has the right skill set.

This is my opinion not legal advice.