H4 to H1 Visa

[rajeshreddy]

Hi Friends,

My wife is having H4 Visa. She is in INDIA. I want to bring her in the month of MAY or later date.

Here are my questions

1. Can apply for H1 to her when she is in INDIA ? If so, Can she come to US on H4 after applying for H1? (in the month of MAY)

2. Or I can apply her H1 only after she comes to USA on H4 Visa ( that means she has to enter USA in MARCH ( bcoz on April 1st H1 cap will start, ofcourse it will over on the same day) ?

Thanks in advance.

Regards,
Praveen

[GreatGuru]

z

Hi Friends,

My wife is having H4 Visa. She is in INDIA. I want to bring her in the month of MAY or later date.

Here are my questions

1. Can apply for H1 to her when she is in INDIA ? YES If so, Can she come to US on H4 after applying for H1? YES (in the month of MAY)

2. Or I can apply her H1 only after she comes to USA on H4 Visa ( that means she has to enter USA in MARCH ( bcoz on April 1st H1 cap will start, ofcourse it will over on the same day) ? YES

Diff bet'n 1 and 2
1. She can not work in US unless she get her H1 visa stamped and enter US again and get I 94 with caveat H1b.
2. She can start working from OCt 1, 2008 provided her change of status H4 to H1 (new H1) approved. No need to get visa stamped immediately.



Thanks in advance.

Regards,
Praveen