H4 visa to H1

[parthi73]

Dear Sir,

My wife is in H4 visa now. She want to convert to H1-B visa now. Since 2004 H1-B cap is over.

1. Shall we apply H1-B visa now.
2. If not how long do we need to wait for apply.
3. If she get a new H1-B visa and start work, do we have to go to India and get stamp and come back here.

Please clarify those doubts.

Thanks in advance,

Regards,
Parthipan

 

[Rajiv S. Khanna]

Originally posted by parthi73
Dear Sir,

My wife is in H4 visa now. She want to convert to H1-B visa now. Since 2004 H1-B cap is over.

1. Shall we apply H1-B visa now.

+++++++++++++++++You cannot apply before 1 April and you cannot start work before 1 October.

2. If not how long do we need to wait for apply.
3. If she get a new H1-B visa and start work, do we have to go to India and get stamp and come back here.

+++++++++++++++Not if you get adjustment of status (represented by issuance of a new I-94 with the H-1 approval).

Please clarify those doubts.

Thanks in advance,

Regards,
Parthipan