to Mr. Waitin toolong

[novice2007]

Hi,

Just a quickie on H4 to H1.

My wife has H4 and arrives into the US during the first week of April '08. And employer is sponsoring her H1B.

1. Will it be a COS? If so, could I start processing her petition now?
2. Will it be a regular H1? What is the difference between COS and H1B?

I appreciate all your answers.
Regards.

[waitin_toolong]

if you want to apply with COS (change of status) then make sure she arrives before the H1 is filed. She can file COS only if she is in some status in USA.

If she gets picked up in the lottery and gets H1 she can start work from Oct 1 only if the COS is approved (she gets a I-94 stating her visa status as H1) or will need to get a stamp and enter using H1.

[novice2007]

to Mr. Waitin toolong

I do appreciate your professional reply.

But I have the following information:

The employer is a school sytem that does not come under H1B quota. Under this circumstance,
If my wife's COS gets approved while in the US, can she start working before Oct.2000?

Thanks and regards.

[waitin_toolong]

apply H1 for her as soon as she gets there with COS. once approved since it will be cap exempt she can start working immediately. the Oct 1, 2008 is only for cap subject H1s.

[novice2007]

Thank U waitin_toolong

You are wonderful.
thank you buddy