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Husband on Cap Exempt H1b visa going 2 B2 & then Cap Subject H1B,Spouse with Visitors

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  • Husband on Cap Exempt H1b visa going 2 B2 & then Cap Subject H1B,Spouse with Visitors

    Hello Friends,
    I am an Indian Physician in Residency training on a Cap Exempt (Academic training) H1B visa which expires in June 30,2012. I am moving onto a Cap Subject For Profit employer on H1 B from Oct, 1st 2012 on the coming year's visa with H1 B application on April 1, 2012.

    So there is a gap in my H1 B employment from July, 1,2012 to Sept, 30th, 2012.

    (I have never been on Cap subject H1B visa before.)

    I want to stay in USA after residency end in June 2012 and before my next H1B will start from Oct 1st, 2012. I have to take board exams in August 2012. What are the options available with me to stay in the US legally?

    I want to bring my wife with me from Feb, 2012 in USA with me. She has currently 10 year Multiple entry US Visitors Visa.

    Given the fact that, I myself will be having a gap of 3 months in my H1B status. WHat will you suggest is the best route to take? TO bring her on H4 dependent visa in Feb, 2012 -then convert to B2 with me in July - Sept, 2012 and then again an H4 from OCt 1st for her? Or She can come to USA on Visitors visa (which she already has in her passport) , and then later on
    change to H 4 when I have my next H1 B approved / filed?

    What are the pros and cons of the approach? I do not want to have any problems in future immigration for me and my wife. Wife is also a IT Professional and will be later seeking to go on her own H1B eventually when she finds a good job offer on H1b. We want to take the safest route possible even if it may mean going slow but will do things right from the beginning.

    Thank you.
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    Stay on Visitors and Convert to H 4 with new approved H1B
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    H4 first, then Visitors and again H 4
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    Go from Visitors to her own H1 B if possible to get a job
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    H4 first, go back to India, Come back with New H4 stamped in Passport on Oct 1st, 2012.
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