!!!! h4 - h1 visa help pls

[leosrini]

Hi,

I would like to get some expert advise about my wife's h4/h1.
I am currently in US on h1b status. I am getting married in June and have booked a h4 visa interview for my wife on June 5 and both of us will be back to US on June 9. I have a h1b sponsor for my wife.
I am afraid i will miss out the h1b quota for this year by the time i come back on June 9 and apply h1b for my wife.
So i was just wondering if i can file for h1b visa parallelly for my wife(while she is in india) on April 2006 so that after she gets
her h4 visa on June 5 , she comes back with me and transfers from h4 to h1b. In that way , she doesnt miss out on the quota.

Couple of concerns doing this:
1. Is it possible to file for h1b before she attends h4 interview in June.
2. If the visa consulor comes to know that she has applied for h1b when she attends h4 visa, will that be an issue.
3. I know i am not asking for exact figures, but just a very rough idea if i will be able to make the quota in June 10-15 if i apply
for h1b.

Any help/thoughts is very much appreciated.

[veena_swsh]

The Visa Officer will not get to know that an H1B has been filed for her unless she voluntarily discloses it. However she is supposed to have an intention not to work while getting the H4 stamped.
The quota usually opens by April and gets over by mid August every year.

[omega77]

hi leosrini,
Is it possible to apply for a COS from H4 to H1 and start work even if H1 petition was filed when the applicant was in India. I was told by someone that only when the H1B petition is filed when the applicant is in the US, can a COS be applied and you can start work. Otherwise, one needs to approach a consulate for stamping. Do you know what is the case legally.
I am also in a similar situation.
Thanks.

[pushpa_Immi]

H4-H1 converssion

Hi srini,

i think by this time your wife visa stamping was done.
Now i am in same situation. can you help me.
1. While covenvertig from H4 to H1 will they check the data given for H4 and Data given for H1. like employement details.
2. Will they compare the data given for H4 and H1.