H4 to H1 Conversion (in INdia) Probability ?

[Jason_Bourne]

Hi Guys

Me and My Wife (both of us working for different firms) have received H1B Valid Petitions as part of the CAP This year (FY2015)

1) My Employer has confirmed I need to travel by October 1st 2014. I am in the process of scheduling my Stamping Appointment
2) My Wife's Employer has confirmed she needs to travel in Jan 2015. Her H1B Stamping will happen in December.

Scenario 1: Me and My wife undertaken H1 and H4 stamping respectively and I travel alone on my H1B in October 2014.
Due to professional commitments my Wife CANNOT accompany me on an H4 to the US right now (and Later convert her H4 to H1 after reaching the US)

Will Scenario1 (H4 to H1 Conversion) cause a problem for her in Jan2015 when she applies for H1B Stamping ? Since she would have a stamped H4 (and NOT Traveled)
As we could be potential immigrants ?

Scenario 2: I undertake H1B Stamping alone in October 2014 & My Wife undertakes her H1B Stamping in January 2015 - Independent of each other.
In case her Employer doesn't allot a project to her in Jan 2015, she can then apply an H4 and join me.

advice guys ?

[raghvi]

Hi Guys

Me and My Wife (both of us working for different firms) have received H1B Valid Petitions as part of the CAP This year (FY2015)

1) My Employer has confirmed I need to travel by October 1st 2014. I am in the process of scheduling my Stamping Appointment
2) My Wife's Employer has confirmed she needs to travel in Jan 2015. Her H1B Stamping will happen in December.

Scenario 1: Me and My wife undertaken H1 and H4 stamping respectively and I travel alone on my H1B in October 2014.
Due to professional commitments my Wife CANNOT accompany me on an H4 to the US right now (and Later convert her H4 to H1 after reaching the US)

Will Scenario1 (H4 to H1 Conversion) cause a problem for her in Jan2015 when she applies for H1B Stamping ? Since she would have a stamped H4 (and NOT Traveled)
As we could be potential immigrants ?

Scenario 2: I undertake H1B Stamping alone in October 2014 & My Wife undertakes her H1B Stamping in January 2015 - Independent of each other.
In case her Employer doesn't allot a project to her in Jan 2015, she can then apply an H4 and join me.

advice guys ?

Either scenario is perfectly fine.

The larger question that needs to be worried about is if your spouse's employer doesnt have work on what basis did they file the H1 petition in the first place?

As for potential immigrant, H1/H4 is dual intent, so no issues.

This is my opinion not legal advice.