H4 to H1

[H1babu]

Hi,

Currently my wife is on H4. I would like to apply H1 in this April or as soon as she get the job.

if she get the job , can she work immediately ?? or do we need to wait till October ?

Please give me more details on this ...

Thanks in advance...

[shervin143]

If it is a fresh H1B on a new CAP, then she cannot start working until Oct 1st.

[H1babu]

If it is a fresh H1B on a new CAP, then she cannot start working until Oct 1st.

Thanks for reply. But she is in USA, and applying H1 to her first time. Without job no one is ready to file H1. But if we get the job, we can apply the H1with that PO. But company can't wait till Oct right ?

[shervin143]

Without job no one is ready to file H1.
>>> That is correct. H1B is a work authorization. No job, no work permit.

But if we get the job, we can apply the H1with that PO. But company can't wait till Oct right ?
>>> Well, that isn't USCIS problem. The CAP for 2012 is closed in November 2011. The CAP for 2013 will begin only from October 1st 2012 for which you can file the petitions starting April 1st 2012. The effective date of the H1B will be on or after Oct 1st 2012. Until then, she will remain in H4 status and she cannot work.