H4 to H1 COS

[somasundarv]

Hi,

I have a H1B visa valid till Sep-2019.*My Fiancee has H1B visa stamped valid*till end of next year. She has never been in US before on H1. She couldn't able to make it to US through her current employer. Once we are married*I'm planning to get her to US to start working here. I have few doubts regarding this.

1. If she go for H-4 stamping now , will her H1B*gets*cancelled?
2. If she travel to US using H4 , can she change visa*status to H1B for another employer?

3. If yes, what is the process or steps for that?*

Let me know whether there is a better alternative solution for this.

Thanks in advance.

[raghvi]

Hi,

I have a H1B visa valid till Sep-2019.*My Fiancee has H1B visa stamped valid*till end of next year. She has never been in US before on H1. She couldn't able to make it to US through her current employer. Once we are married*I'm planning to get her to US to start working here. I have few doubts regarding this.

1. If she go for H-4 stamping now , will her H1B*gets*cancelled?
2. If she travel to US using H4 , can she change visa*status to H1B for another employer?

3. If yes, what is the process or steps for that?*

Let me know whether there is a better alternative solution for this.

Thanks in advance.

1. Most likely not. It depends on the consular officer. Even if they mark it as cancelled that does not take away her cap exemption.
2. Yes.
3. The employer will have to file a I129 with request of Change of Status from H4 to H1. Once approved, and if USCIS gives a new I-94 along with the I797 she can start working for the employer.

This is my opinion not legal advice.