Hi, Here is my current situation and I am really confused how should I proceed . Need valuable advise from someone on this .
My query : Is Changing from H-4 to H-1B status possible only if the person is in H-4 status in the U.S. at the time of filing of H1 ?? Cant we apply for H1 while we are on L2 first , which is expiring soon and changing status to H4 after october ?
My complete scenario is as described below :
I am currently on L1B visa and My wife is on L2 with a valid work permit . But both of our visa's are expiring on June 17th,2012 and we would be travelling back to India by June 17th. My company has already applied H1B visa for me and I have already got the receipt number. I will be coming back to US On october 1st on the approved H1B visa and my wife on H4 dependant visa.
My wife is also from IT background and has worked for MNC's with good IT experience. I am looking for employment oppurtunity for her once I am back to US , but since she will not be able to work on H4 , Below is what I am planning to do :
I will be coming to US on october 1st with H1B Visa and I will be bringing my wife on H4 dependant visa . In the meanwhile , before I travel back to India before June 17th, I will apply H1B visa for my wife seperately so that the approved petition will be ready by October 1st. Once both of us are back in October , I will do a H4 to H1B transfer for my wife and she will already have an approved petition by that time , both of us can work on our own individual H1B visa .
My query is : Is the option I discussed above of H4 to H1B transfer & working possible ? I have read on few forums that its possible and its common scenario but needed a confirmation before I go ahead with this approach. Please let me know ..Thanks so much for your support.
My query : Is Changing from H-4 to H-1B status possible only if the person is in H-4 status in the U.S. at the time of filing of H1 ?? Cant we apply for H1 while we are on L2 first , which is expiring soon and changing status to H4 after october ?
My complete scenario is as described below :
I am currently on L1B visa and My wife is on L2 with a valid work permit . But both of our visa's are expiring on June 17th,2012 and we would be travelling back to India by June 17th. My company has already applied H1B visa for me and I have already got the receipt number. I will be coming back to US On october 1st on the approved H1B visa and my wife on H4 dependant visa.
My wife is also from IT background and has worked for MNC's with good IT experience. I am looking for employment oppurtunity for her once I am back to US , but since she will not be able to work on H4 , Below is what I am planning to do :
I will be coming to US on october 1st with H1B Visa and I will be bringing my wife on H4 dependant visa . In the meanwhile , before I travel back to India before June 17th, I will apply H1B visa for my wife seperately so that the approved petition will be ready by October 1st. Once both of us are back in October , I will do a H4 to H1B transfer for my wife and she will already have an approved petition by that time , both of us can work on our own individual H1B visa .
My query is : Is the option I discussed above of H4 to H1B transfer & working possible ? I have read on few forums that its possible and its common scenario but needed a confirmation before I go ahead with this approach. Please let me know ..Thanks so much for your support.
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