H4 to H1 visa

[aditya18aug]

Hello, my wife got a H4 visa this Jan, can she apply for an H1b Visa once she is in US or do we need to wait a certain amount of time so that she can start working here legaly and then apply for a H1b visa?

Please guide.
thanks

[shervin143]

You need to wait till April 2010 to apply for new H1B since the current CAP is already closed. She cannot work when she is in H4. She can work in U.S only after her H1B gets approved (i.e., from the effective started date on the approval notice).

If she already has an approved H1B petition, then she can apply for COS from H4 to H1B when she is in U.S and start working when the COS gets approved.

[aditya18aug]

so, only if she gets a job before april 2010 she can apply for a H1b, am i right ? or even if she doesnt have a job she can file for H1b gen quota in april ?

please help

[shervin143]

H1B in an employer's petition. Only an employer can apply an H1B petition on an individual's behalf. So obviously you need to find an employer who can sponsor the H1B (Before April 2010).

so, only if she gets a job before april 2010 she can apply for a H1b, am i right ? or even if she doesnt have a job she can file for H1b gen quota in april ?

please help