H4-H1 transfer

[ajkk]

Hi,

I wanted to apply for H1 visa to my wife who is currently on H4 status, she is planning to visit India in the month of december for a month,so when is the best time to apply considering the cap? Please suggest.

Thanks
AjIndy

 

[gxr]

You can apply now with a start date of Jan 1, 2006. That way, she will not have any of the H1-B cap issues.

Get confirmation from a lawyer though. But, I think its doable.