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having B1, spouse appearing H1, H4 need?

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  • having B1, spouse appearing H1, H4 need?

    Hi all,
    i am having B1 till 2019.
    My wife filled H1 for 2013 cap.
    My question is, if she gets H1, shall i use my B1 to visit US with her and do COS to H1 by next 2014 cap? Or should take H4 along with her to visit US with her and do COS to H1 by next 2014 cap?
    Thanks in advance.

  • #2
    A COS from B1/B2 to H1B is never advisable. There are plenty of posts that explains why it is not advisable. Search and read them. The best option is to apply and get a H4 visa. When you are in U.S in H4, you can find an employer and file a COS from H4 to H1B. You can do it only when the CAP remains open (assuming it will be your first H1B petition).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks shervin for your quick response. This helps me a lot.
      One more query,
      if i file COS from H4 to H1, how long time normally it takes for approval?
      If i apply COS on april 2013 and assume it is approved by april itself. Can i start working immediately? Or still I should work only by Oct 13? Please Confirm.
      How soon i can work for 2014 cap?

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      • #4
        If this is your first H1 then you can work only from Oct 2013.

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        • #5
          You can work only when the H1B petition becomes effective. A petition filed under 2014 CAP will be effective only from Oct 1st 2013 or later.

          Originally posted by meeunda View Post
          Thanks shervin for your quick response. This helps me a lot.
          One more query,
          if i file COS from H4 to H1, how long time normally it takes for approval?
          If i apply COS on april 2013 and assume it is approved by april itself. Can i start working immediately? Or still I should work only by Oct 13? Please Confirm.
          How soon i can work for 2014 cap?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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