!!!! h4 - h1 visa help pls !!!!!

[leosrini]

Hi,

I would like to get some expert advise about my wife's h4/h1.
I am currently in US on h1b status. I am getting married in June and have booked a h4 visa interview for my wife on June 5 and both of us will be back to US on June 9. I have a h1b sponsor for my wife.
I am afraid i will miss out the h1b quota for this year by the time i come back on June 9 and apply h1b for my wife.
So i was just wondering if i can file for h1b visa parallelly for my wife(while she is in india) on April 2006 so that after she gets
her h4 visa on June 5 , she comes back with me and transfers from h4 to h1b. In that way , she doesnt miss out on the quota.

Couple of concerns doing this:
1. Is it possible to file for h1b before she attends h4 interview in June.
2. If the visa consulor comes to know that she has applied for h1b when she attends h4 visa, will that be an issue.
3. I know i am not asking for exact figures, but just a very rough idea if i will be able to make the quota in June 10-15 if i apply
for h1b.

Any help/thoughts is very much appreciated.

 

[nov_2002]

Hi,

I would like to get some expert advise about my wife's h4/h1.
I am currently in US on h1b status. I am getting married in June and have booked a h4 visa interview for my wife on June 5 and both of us will be back to US on June 9. I have a h1b sponsor for my wife.
I am afraid i will miss out the h1b quota for this year by the time i come back on June 9 and apply h1b for my wife.
So i was just wondering if i can file for h1b visa parallelly for my wife(while she is in india) on April 2006 so that after she gets
her h4 visa on June 5 , she comes back with me and transfers from h4 to h1b. In that way , she doesnt miss out on the quota.

Couple of concerns doing this:
1. Is it possible to file for h1b before she attends h4 interview in June.
2. If the visa consulor comes to know that she has applied for h1b when she attends h4 visa, will that be an issue.
3. I know i am not asking for exact figures, but just a very rough idea if i will be able to make the quota in June 10-15 if i apply
for h1b.

Any help/thoughts is very much appreciated.

I have a Similar situation, My wife is in US currently with me on a H4 Visa which is valid till Jan 2007 (not stamped on Passport) She is planning on travelling to India in May, we have an appointment in Vancouver Canada to get our Visas stamped. We are planning on applying for her H1, my questions are
1) If she gets the stamping of H4 in May and then apply for H1 before leaving to India, will that be a problem when she comes back (sometime in August) by that time she might have an approved H1 but which will start from Oct 2006 ?
2) Will she have to get the H1 stamped in October to be able to start work ?
3) If it takes a while for her to get a job, can she wait till then - say she gets a job in Jan 2007, will she be in status if she does not get the Visa stamped and get it stamped only before joining work ?

I appriciate any responses ..
Thanks

 

[great guru]

Hi,

I would like to get some expert advise about my wife's h4/h1.
I am currently in US on h1b status. I am getting married in June and have booked a h4 visa interview for my wife on June 5 and both of us will be back to US on June 9. I have a h1b sponsor for my wife.
I am afraid i will miss out the h1b quota for this year by the time i come back on June 9 and apply h1b for my wife.
So i was just wondering if i can file for h1b visa parallelly for my wife(while she is in india) on April 2006 so that after she gets
her h4 visa on June 5 , she comes back with me and transfers from h4 to h1b. In that way , she doesnt miss out on the quota.

Couple of concerns doing this:
1. Is it possible to file for h1b before she attends h4 interview in June. YES, but it is going to be a new H1 and not a trnsfer. To start working she has to get her H1 visa stamped in her pp and enter POE and get I 94 with caveat H1 to get SSN
2. If the visa consulor comes to know that she has applied for h1b when she attends h4 visa, will that be an issue. (No, counsellor will not come to know, even comes to know nothing wrong in it, because H1 approval is mere petition not a visa)3. I know i am not asking for exact figures, but just a very rough idea if i will be able to make the quota in June 10-15 if i apply for h1b. (Yes, keep all the papers ready ,as soon as she landed in US apply with copy of I 94 to get COS, also apply through premium.)
Any help/thoughts is very much appreciated.