H4 to H1

[novice2007]

Hi Seniors/Experts

I am in the US on H1B. My wife has H4 visa but still in India and woule be arriving in the US during April 2008.

A generous employer is sponsoring her H1B. My concerns are:

1. Is it perfect if she comes into the US on H4 and then apply for H1B?
2. Or is it wise to send her the H1B approval so that she could get it stamped in the US consulate of India?

I would appreciate your insights.
Regards.

[GreatGuru]

x

Hi Seniors/Experts

I am in the US on H1B. My wife has H4 visa but still in India and woule be arriving in the US during April 2008.

A generous employer is sponsoring her H1B. My concerns are:

1. Is it perfect if she comes into the US on H4 and then apply for H1B? YES2. Or is it wise to send her the H1B approval so that she could get it stamped in the US consulate of India? No. Because of quota issue some time she may not get her H1.
I would appreciate your insights.
Regards.

[RamaSekhar]

Hi,

There are 2 things here. Remember that even this year the h1 quota may get over on the very first day which is April 1 2008. So wherever she is - be it in US or in India, make sure that her employer files it on the very first day. The second thing is its perfect and in fact better that her employer files a COS( Change of Status ) from H4 to H1.

In order to file a COS from H4 to H1 , your wife should be in the US before April 1 itself. Then only her employer can file a COS from H4 to H1 on APril 1. By doing a COS, she will not have to get her H1 stamped in India. Only when she comes to India next time , she will need to go for stamping.

If you wait beyond April 1 to apply for H1, then you will have the risk of losing the H1 ( because quota may get over on the first day itself )

Also if for some reason your wife cannot come to US by April 1, then her employer will file a H1 with consular notification. In this case she will have to get her H1 stamped in India. However as you know she will be able to go for H1 stamping only from July 2008......

I feel that the best way is she is in the US by March end itself and file a COS on April 1 . Then you can avoid all these consulate hassles etc ....

Regards
Rama

[novice2007]

thank you

Hi,
That was a sensible and a great reply.

She is a teacher and she finishes her academic year only during the first week of April, in India.

The school in the USA is affiliated to a University and a college.

In this case, does she still come under the purview of the H1B 2008 quota?

And what is difference between COS (From H4 to H1) and the school applying for a fresh H1B so that she could be independent regarding her visa status.

Your take, please.
Thanks.

Hi,

There are 2 things here. Remember that even this year the h1 quota may get over on the very first day which is April 1 2008. So wherever she is - be it in US or in India, make sure that her employer files it on the very first day. The second thing is its perfect and in fact better that her employer files a COS( Change of Status ) from H4 to H1.

In order to file a COS from H4 to H1 , your wife should be in the US before April 1 itself. Then only her employer can file a COS from H4 to H1 on APril 1. By doing a COS, she will not have to get her H1 stamped in India. Only when she comes to India next time , she will need to go for stamping.

If you wait beyond April 1 to apply for H1, then you will have the risk of losing the H1 ( because quota may get over on the first day itself )

Also if for some reason your wife cannot come to US by April 1, then her employer will file a H1 with consular notification. In this case she will have to get her H1 stamped in India. However as you know she will be able to go for H1 stamping only from July 2008......

I feel that the best way is she is in the US by March end itself and file a COS on April 1 . Then you can avoid all these consulate hassles etc ....

Regards
Rama