H1-H4 related questions

[sktripuraneni]

Hi,
Im planning to get married in December 2004. Im just in a dilemma whether to get my wife on a H1 or H4. Let me describe the doubts I have
Case 1: I will apply for H1 here and get her here on H4 and apply for a transfer. Will the same approved H1 be used or will it be a new H1 and thus taking into consideration the cap. If it will be a new H1 and I apply for transfer in January do you forsee the cap will be reached by that time.
Case 2: Apply directly for H1 and goto the consulate. If H1 gets rejected for any reason will it have any effect on getting H4(I mean chances of rejection).

Any help on this is greatly appreciated.
Thanks
Shan

 

[waitin_toolong]

lets clarify a few things.

1. what is ur current status.
2. who will sponsor H1 for wife.

 

[sktripuraneni]

My current status is H1, and I know a consulting firm which might sponsor for a H1.

 

[waitin_toolong]

well if u r getting approval forH1 for wife before ur marriage it will be a good idea to get her on H1, rather than file for COS after she arrives. COS will use the approval that she already has, but will not be able to work till she gets her COS approved. the risk in thst is that if the approval comes without I-94 attached then she will have to travel abroad to get a stamp, before she can work.

As for the risks of applying for H1 stamp, well it depends on the case and how strong ur papers are and the mood that day of the officer.

the H4 getting rejected may happen if there is any hitch in ur paperwork, eg missing paystubs, salary less then LC etc. so u pick

 

[sktripuraneni]

Thank you waitin toolong, that answers my questions and i think i will first bring her here on H4 and then apply for a H1 if the quota still exists..

 

[slow_motion]

Cos ??

Forgive my ignorance - but what is COS ?

 

[sktripuraneni]

Change of Status

COS = Change of Status