H1 -> h4 -> h1

chussad

New Member
Hello,

I am on h1b visa in US (1st stamping expired but i797 and i94 are renewed and are valid, getting it re-stamped in upcoming visit to india). My fiancee is working for one of the big 4 consulting firms in India. Her current employer has filed for H1b which also got approved and her passport has a valid H1B visa stamping on it.

We are getting married in couple of months and her company is not planning to send her on h1b in the near future. So to make sure, that we get to stay together after marriage, we have taken the visa appointment for her h4 and my h1b (renewal) after we are married.

My questions are:

- once she comes to US with me and finds an employer who wants to hire her, can this employer file for a change of status from H4 to H1?

- Will she have to apply for a new H1B (which if approved only starts in Oct) or will she be able to use her previous H1b and just need a transfer?

- How long does it take for that transfer to happen?

Thanks a lot for your help!
 
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