what is the best option for me

[phanigk]

Hi,

below given is my situation.

1. I got my h1 visa stamped and my wife got her h4 stamped in nov'06
2. I would be going to US in the month of feb'07
3. My consultant is willing to file for my wife's H1 for the year 2007

Now

1. if she stays back till april 2007 so that her h1 application is filed and then come to US. In this situation can she start working in US after her petition is approved? if yes how long can she work there before coming to India for H1 stamping?

2. If she comes to US with me now, can her application be filed in US if her petition is approved can she go to Canada for stamping

what would be the best option. Please help me in this..

Thanks in advance
Phani

[Subramanya]

H4 and H1 issues

below given is my situation.

1. I got my h1 visa stamped and my wife got her h4 stamped in nov'06
2. I would be going to US in the month of feb'07
3. My consultant is willing to file for my wife's H1 for the year 2007

Now

1. if she stays back till april 2007 so that her h1 application is filed and then come to US. In this situation can she start working in US after her petition is approved? if yes how long can she work there before coming to India for H1 stamping?

---- She will have to get a H1 Visa issued and affixed on her Passport if she wants to work in the US on H1. If she enter US on H4 her status will remain H4 and not H1

2. If she comes to US with me now, can her application be filed in US if her petition is approved can she go to Canada for stamping

---- Yes, she can come to US with you and after coming to US apply for a COS (change of status) from H4 to H1, If she is given a I-94 with the H1 approval notice then she can continue for the employer who sponsored her H1. Otherwise she will have to go a third country (Canada/Mexico/India) get a H1 Visa issued and affixed on her Passport

---- She can go to Canada for getting her H1 Visa issued, but it is taking a chance and the options of getting a Visa are half and half

what would be the best option. Please help me in this..

---- If you are not in a hurry apply for H1 petition while your wife is in India, get the H1 Visa issued by appearing for a Visa interview and then come to US and join the amployer in October '07

Subramanya