H4 - H1B conversion after H1B approved(Pls Advise)

[ksrikanth40]

I'm Srikanth currently working in CA,USA. My wife is in India and her H1B got approved in Sep'2008. She is yet to go for stamping.

1) Kindly advise if I can bring my wife to USA on H4 visa and later apply for COS to H1B as it is difficult to get H1B VISA now.

2) If her H1B gets cancelled if she comes on H4, I want to bring her on H4 visa and again apply for H1B for 2009. Kindly advise.

 

[kabkaba]

I'm Srikanth currently working in CA,USA. My wife is in India and her H1B got approved in Sep'2008. She is yet to go for stamping.

1) Kindly advise if I can bring my wife to USA on H4 visa and later apply for COS to H1B as it is difficult to get H1B VISA now.

You can, but for COS you will still need to prove that she has a legitimate job. And do a COS only if she has a legitimate job, you don't want her to be out of status by not getting paid. Also, she cannot work while in H4 status.

2) If her H1B gets cancelled if she comes on H4, I want to bring her on H4 visa and again apply for H1B for 2009. Kindly advise.
H1B petition is employer's petition only they can revoke it, your actions (applying for or entering on H4 or any other visa does not automatically cancel the petition). If the same employer has a job for her, she can apply for COS and work on that earlier approved petition when COS is granted.

Answers above.