H4 or H1? - Please advise!

I

indyanguy

Registered Users (C)
I'll be getting married to my fiance who lives in India in May 06. She currently works for a company in India who is willing to help her get a H1 visa. However, she does not want to start working until Dec 06.

Which of these 2 would be the best way to go:

1. Entering US on H4 and getting a COS to H1. Would'nt there be issues with the visa quota? Also, one needs to wait for 6 mos before getting a change of status?

2. Getting a H1 visa in India. Does this need to be done before marriage? Also, can she enter US with a H1 visa and not work till Dec 06??

Any help is really appreciated
 
1. quota issue depends on when she filed COS. COS can be allowed within 6 motnh, but there is a guidance which does not allow it within 30 or 60days(I forgot).
2. She can do H1 in your country either before or after marriage, it does not matter. POE does not allow her to enter the US til 10days before start date of H1.
 
GotPR? can you please help me.
I came in h4 in oct, this year. i got my h1 approval in november.
can i apply for a change of status[COS from h4 to h1] now?
Is there a minimum period to aplly for COS, like six months?
 
IN general, 30/60 rule may give the problem to somebody who applies for COS within 30 days or 60days after entry, however, this is most likely a big issue for visitor visa and H4 may be fine(not 100% sure). Since your case is almost close to 60days milestone, it may be fine to apply for COS now.
I think you probably need to file I-129 again along with I-539(COS application).
 
thank you GotPR?.
to be on the safer side i am going to contact an attorney.

Really appreciate your help.
 
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