H4 to H1 as soon as you arrive?

[akhilmysore]

Hi All:

I googled before posting but did not exactly find what i was looking for.

I am travelling to US (for the first time) on H1 in late November 2011 (in 3 months) along with my wife who is on H4.

My friend told me that my wife has to wait for 6 months before applying for H1B (from H4) even though a sponsor is ready to apply for her H1?
In other words, I am told that H4 to H1 conversion can be made only after the candidate stays in US for 6 months. Is that true?

Thanks,
Akhil

[kabkaba]

That is not true. If the employer files right now in premium, they may even get the decision before you leave and she can get her Visa to enter in H1 status directly.

If the H1 cap is open in November, the employer can file her change of status in November after she arrives in H4 status. There is no 6 month limit. Practically it will be good if she has your 1 paystub to show that you have been maintaining H1 status.

[akhilmysore]

Thank you

Thanks a lot for your quick reply.