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Candidate in India now. Thinking to file H1B for 2015 . and travelling on H4 in May15

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  • Candidate in India now. Thinking to file H1B for 2015 . and travelling on H4 in May15

    I am an Indian. I am working on H1B visa in USA from last 2+ years. Recently I got engaged to a girl in India. I am going to get her marry in May 2015.
    She is working in one of the big IT company in India. I am planning to find a job for her in USA and file her H1B petition in April 2015. As its lottery system not sure if her petition get selected. If suppose her H1B petition gets selected, can I get her H4 visa stamped after May and let her come to USA. And once her H1B petition get approved, next file a COS and change her status to H1B from H4. Please let me know if I can do as I planned or I cant do her H4 visa when her H1B is in progress.

    Please help guys!!!

  • #2
    Originally posted by nit_2012 View Post
    I am an Indian. I am working on H1B visa in USA from last 2+ years. Recently I got engaged to a girl in India. I am going to get her marry in May 2015.
    She is working in one of the big IT company in India. I am planning to find a job for her in USA and file her H1B petition in April 2015. As its lottery system not sure if her petition get selected. If suppose her H1B petition gets selected, can I get her H4 visa stamped after May and let her come to USA. And once her H1B petition get approved, next file a COS and change her status to H1B from H4. Please let me know if I can do as I planned or I cant do her H4 visa when her H1B is in progress.

    Please help guys!!!
    What you planned is doable. What may hinder is that many employers are reluctant to do a consular process H1 as that does not give them a certainty that the employee would be joining them.

    This is my opinion not legal advice.

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