H1 Visa help - Urgent Pls

[indyanguy]

Hello,

My fiance in india has a job offer from a company in US who are willing to sponsor her H1. I am getting married in May 06 and she does'nt want to start working until Dec 06. Given this scenario, is it possible to get H1 from India, enter US in May 06 and start working only after Dec 06?

Thanks for all your help

[Nishant]

You have not mentioned your status in US which is essential to comment possible scenarios.

H1B person can enter US only 10 days before start date of H1B.

If you are on H1, she can get H4 after marriage.

If you are US citizen then thing becomes relatively easy.

If you are green card holder then situation is more complicated due to backlog.

[indyanguy]

Thanks nishant for the reply.. I am on a H1 visa. If she comes on a H4, how early can she switch to H1? Also, do we have to worry about quota issues? (Does a first time H1 visa holder come under the quota even though they were on H4 early on?)

You have not mentioned your status in US which is essential to comment possible scenarios.

H1B person can enter US only 10 days before start date of H1B.

If you are on H1, she can get H4 after marriage.

If you are US citizen then thing becomes relatively easy.

If you are green card holder then situation is more complicated due to backlog.

[indyanguy]

any help? thanks

[veena_swsh]

Hi,
If your wife's H1B gets approved while she is still in India, she will need the H1B stamping to enter US to work. She will be out of status for the period that she has been on H1B without actually being employed or paid. I am not sure if H4 to H1b change of status while in US is going through smoothly these days, as i have heard about many change of status petitions within these categories being refused in the recent past. In my opinion it is best for her to travel on H1B just in time to start employment or travel on H4 now and later visit home for the H1B stamping.