H1 and H4 dilemma

[ubakshi]

Hi,

I am getting married on Feb-19th-2006, and hence I have already taken an interview date of Mar-17th-2006 for my wife -- for an H4 (depenent) Visa. However, we had long back (sometime in Jun-05) had filed a petition for her H1 with one of the Employers in US. Eventually, we have got her H1 approval petition today, and now we are confused as to what should be our approach? If we attempt to schedule an interview date for her H1, we will get an interview date which would be after her H4 interview date. In such scenarion, it would be helpful if any of you folks, can help me out with my below questions ?

1. Should we Reschedule the H4 date, such that it is after the newly taken H1 interview date ? -- Can we even do that ?
2. Do we need to cancel the H4 date in-order to apply for an H1 interview date ?
3. Or should my wife appear for the H4 interview, and then re-appear for H1 interview on a later interview date ?

I have a feeling, I wouldn't be the first one to be in such a dilemma, appreciate if you experienced folks, can please show a light bulb @ the end of the tunnel.

Thanks,
Umesh

[Nishant]

It may be possible to change status from H4 to H1 within USA under certain conditions. Lawful presence since entry is one of them.

[ubakshi]

H1 and H4 dilemma

Thanks Nishant for replying, but what you are saying is an option after coming to US.... I am not even going that far, my question is whether we should appear for the H4 and then again appear for H1 ??? or should we cancel H4 date and only appear for H1 ???

Appreciate if any of you folks, having a clue could Please Reply back to me ......

Thanks in advance !

Umesh.