H4 - H1B conversion after H1B approved(Pls Advise)

[ksrikanth40]

I'm Srikanth currently working in CA,USA. My wife is in India and her H1B got approved in Sep'2008. She is yet to go for stamping.

1) Kindly advise if I can bring my wife to USA on H4 visa and later apply for COS to H1B as it is difficult to get H1B VISA now.

2) If her H1B gets cancelled if she comes on H4, I want to bring her on H4 visa and again apply for H1B for 2009. Kindly advise

[Subramanya]

I'm Srikanth currently working in CA,USA. My wife is in India and her H1B got approved in Sep'2008. She is yet to go for stamping.

1) Kindly advise if I can bring my wife to USA on H4 visa and later apply for COS to H1B as it is difficult to get H1B VISA now.

---- Yes, you can. Remember that the computer system with the VO will show that H1 is approved on her and your wife will be asked why she is not applying for H1 visa. Although the answer is simple that she would like to go on H4 as she is going to the US for the first time, she has to guard herself against revealing anything else

2) If her H1B gets cancelled if she comes on H4, I want to bring her on H4 visa and again apply for H1B for 2009.

---- H1B will not get cancelled. It has a lifetime of 6 years and you can always use it during this time period.The only condition being you have to apply for COS from H4 to H1 during this time period or transfer to a different employer, if she so desires

Subramanya