H4 to H1 for spouse

[ms81516]

Hi Members,

I am currently on H1 in US since June 2014 and has a valid stay till May 2016. My wife and a baby also accompanying me here. I am planning to file H1B for my wife and have few questions for which I am seeking answers.

1. I have learned that I can file H1B for my wife under Change of Status rather consular process. Can I file that anytime in the year or during certain pre-defined period like we have for regular H1B?
2. Considering I am going to file for COS, does She need to go through regular quota (CAP)?
3. Can She start working on H1B as soon as her petition/VISA got approved?
4. We are also planning to visit India next year. What would be the best way to plan a trip, before starting COS process or We can start COS and plan in between but before getting H1B approval?

Is there any consequences or things to keep in mind if I plan my travel to India?

Please suggest. Thanks..

[ms81516]

Can someone please share any thoughts on my queries?

Thanks.

[raghvi]

Hi Members,

I am currently on H1 in US since June 2014 and has a valid stay till May 2016. My wife and a baby also accompanying me here. I am planning to file H1B for my wife and have few questions for which I am seeking answers.

1. I have learned that I can file H1B for my wife under Change of Status rather consular process. Can I file that anytime in the year or during certain pre-defined period like we have for regular H1B?
2. Considering I am going to file for COS, does She need to go through regular quota (CAP)?
3. Can She start working on H1B as soon as her petition/VISA got approved?
4. We are also planning to visit India next year. What would be the best way to plan a trip, before starting COS process or We can start COS and plan in between but before getting H1B approval?

Is there any consequences or things to keep in mind if I plan my travel to India?

Please suggest. Thanks..

By the way its not you who applies H1, her employer has to file for H1.

1. As your wife never had a previous H1, her H1 petition can only be filed while H1 cap is open. Current year cap is closed, the next Cap will open on 01-April-2015 with the earliest start date of 01-Oct-2015.
2. Yes as she was never cap counted earlier.
3. No, fresh H1 can start only on or after 01-Oct-2015.
4. Apply H1 COS in premium on April 2015, travel to India only after getting H1 COS approval ;if lottery, then you are looking at June-July to get approval, and return before 01-OCt-2015.

This is my opinion not legal advice.