H4 Question. Greatguru Please help. Urgent

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sandy77

Registered Users (C)
I am getting married in June 2006 and my wife will be applying for her H4 visa in June. She now has an offer from a US company who wants to start processing her H1 visa right now (because the quota for FY 2007 starts April 06) for a job starting October 06.

She plans to come to US on H4 and then do a change of status to H1.

Can she go ahead and do that? Will there be any issues with her H4 stamping if H1 process is initiated right now?

Any help is really appreciated.
 
sandy77 said:
I am getting married in June 2006 and my wife will be applying for her H4 visa in June. She now has an offer from a US company who wants to start processing her H1 visa right now (because the quota for FY 2007 starts April 06) for a job starting October 06.

She plans to come to US on H4 and then do a change of status to H1.

Can she go ahead and do that? Will there be any issues with her H4 stamping if H1 process is initiated right now? No issues. But She can not work on H1 which will get approval once she is in US with H4.

If she wants to work in US without leaving either 1. Come with H1 visa stamped or 2. File H1 after she arrives in US (change from H4 to H1).

Otherwise she has to go out of US to activate her new H1 before starting work and obtaining her SSN
Any help is really appreciated.
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Thanks! How long does a change of status from H4 to H1 take? Also, when can she apply for her SSN? As soon as she receives a H1 approval?

 
sandy77 said:
Thanks! How long does a change of status from H4 to H1 take?

If it is premium process and quota available then 2- 3 weeks.

Also, when can she apply for her SSN?

As soon as you get h1 (not h1 approval alone) - I 94 card at the bottom of the approval notice.
As soon as she receives a H1 approval?
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I think i am a little confused. This is what she intends to do:

1. She is in her home country currently. She has instructed her company in US to initiate the H1 application process with a start date of October 06.

2. She is getting married in June 06. She will then apply for H4 visa.

3. She is coming to US in June 06. Assuming normal processing and assuming 4 months to get a H1 approval, she will get her approval in September 06.

4. She applies for change of status to H1 (she will still have H4 visa on her passport) and apply for SSN in September 06.

5. She starts working from October 06.

Will this work?

Thanks for all your help.

If you have any suggestions, please let me know.



 
sandy77 said:
I think i am a little confused. This is what she intends to do:

1. She is in her home country currently. She has instructed her company in US to initiate the H1 application process with a start date of October 06. OK
2. She is getting married in June 06. She will then apply for H4 visa. OK
3. She is coming to US in June 06. Assuming normal processing and assuming 4 months to get a H1 approval, she will get her approval in September 06.OK

4. She applies for change of status to H1 (she will still have H4 visa on her passport) and apply for SSN in September 06. Without an I - 94 card with caveat H1 on that card, you can not get a SSN.Here change of status means applying a brand new H1. (Already approved H1 petition has no value here).
5. She starts working from October 06.

Will this work? NO. By that time H1 quota is over , she has to wait until April 2007 ( to change the status from H4 to H1) to apply for Year 2008 quota and able to start work only from 1 Oct 2007.
Thanks for all your help.

If you have any suggestions, please let me know.
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thanks! that clarifies some concerns.. If she applies for a H1 in June 06 (after she is in the US on H4), can she apply for SSN and start work in Oct 06 (or maybe a month or 2 later)? and no she wont have H1 on her passport.

Can you suggest anyway she could start working in 2006 and not have to wait for the next year quota?

Thank you very much!!
 
sandy77 said:
thanks! that clarifies some concerns.. If she applies for a H1 in June 06 (after she is in the US on H4), can she apply for SSN and start work in Oct 06 (or maybe a month or 2 later)? and no she wont have H1 on her passport. No need of H1 on her pp & COS comes with I 94 at the bottom of H1 she can get SSN too to start OCT 2006. Only concern the H1 Quota should not get exhausted bythat time

Can you suggest anyway she could start working in 2006 and not have to wait for the next year quota?

Thank you very much!!
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Thanks!! Your help is really valuable. Based on the info you gave me, I can think of 2 different possibilities:

Possibility 1:

1. Apply for H4, come to US in June 06.
2. Have her company apply for H1 in June and keep our fingers crossed hoping that the quota is not over.
3. Go for a premium H1 and receive approval in July
4. Apply for COS in July
5. Get COS with I94 in say Sep.
6. Apply for SSN in Sep
7. Start work in maybe Nov or Dec.

Any issues with this possibility?

Possibility 2:

1. The company is willing to do a L1A too. I am a novice in L visas so I am unsure if the info i have about them is accurate.
2. Apply for H4, come to US in June 06.
3. Have her company apply for L visa after she is in US (possible??)
4. Do a COS from H4 to L1 (possible??)
I dont believe she needs a SSN??? She wants to start work as late as possible (Nov, Dec). Can this be done with a L visa?

Any issues with this possibility?

Appreciate all your help. Apologize for too many questions!

 
sandy77 said:
Thanks!! Your help is really valuable. Based on the info you gave me, I can think of 2 different possibilities:

Possibility 1:

1. Apply for H4, come to US in June 06.
2. Have her company apply for H1 in June and keep our fingers crossed hoping that the quota is not over.
3. Go for a premium H1 and receive approval in July
4. Apply for COS in July ( Your step 2,3 , 4 & 5 is only one step. COS will be your new H1 with premium process)5. Get COS with I94 in say Sep.
6. Apply for SSN in Sep
7. Start work in maybe Nov or Dec.

Any issues with this possibility?

Possibility 2:

1. The company is willing to do a L1A too. I am a novice in L visas so I am unsure if the info i have about them is accurate.
2. Apply for H4, come to US in June 06.
3. Have her company apply for L visa after she is in US (possible??)
4. Do a COS from H4 to L1 (possible??)
I dont believe she needs a SSN???

To work in US and get pay check every one need SSN. No exception. (especially for Non immigrant visa with work authorization facility) L1 is best if you run out of H1 quota.
She wants to start work as late as possible (Nov, Dec). Can this be done with a L visa?

Any issues with this possibility?

Appreciate all your help. Apologize for too many questions!
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Volunteer work on H-4

Please help me...

My wife is greduating in May and already has a job offer. Her employer has already filed for the H-1 and wants her to start working as a Volunteer Intern.

Can she work as a volunteer/intern ?
 
Without compensation as intern is OK.

ninjin274 said:
Please help me...

My wife is greduating in May and already has a job offer. Her employer has already filed for the H-1 and wants her to start working as a Volunteer Intern.

Can she work as a volunteer/intern ?
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Spouse Status--need advice from great guru/others

I am currently a temporary worker on an H-1B visa that will expire in 2008. My wife is currently on a J-1 visa that expires in May 30, 2006. She is subject to the two-year foreign residency requirement, but we have already attained a favorable recommendation from the DOS and are awaiting the final waiver from Vermont USCIS since last month (april).

It is my understanding that she can remain in US for 30 days after the expiration of her J visa. She is currently seeking jobs to sponsor her for H-1B visa--she is a teacher and apparently that will be no problem. However, even if she gets a job tomorrow, she CANNOT change status because the official waiver has yet to be approved.

I need advice on the following:

1. Do we start applying for CoS to H-4 as of now? How soon does the approval of form I-539 for CoS usually take??

2. If she gets a job can she start applying for H-1 visa even though she may be amidst the H-4 process? Is there no problem?

3. If we decide not to apply for H-4 but rather she leaves the country at the end of June, CAN SHE COME BACK ON HER TOURIST VISA 1 WEEK AFTER AND THEN APPLY FOR CoS to H-1?? ANY CHANCE IMMIGRATION OFFICERS MAY FORBID HER FROM ENTERING THE COUNTRY?? (we would be hoping she gets approximately 6 months of entry...by then everything would be resolved).

I really appreciate all your time and your input.
 
Great Guru please help

"I recently applied for my h1 transfer and extension using regular processing.
I need to apply for my spouse's h4 extension.
Can i use the receipt copy to apply for her h4 extension or should i
wait till i get a approval for my h1 extension.
"
 
No need to wait for any thing H4 extn can be done concurrently with your H1 extn
Shloka said:
"I recently applied for my h1 transfer and extension using regular processing.
I need to apply for my spouse's h4 extension.
Can i use the receipt copy to apply for her h4 extension or should i
wait till i get a approval for my h1 extension.
"
Click to expand...
 
Great Guru

Since I did not file for my spouse H4 extension with my H1 extension unlike you said what are my options of filing for H4 exxtension then:

1)Can I file based on the reciept notice or

2)I have to wait till I get my extension.



Thanks for your advise and help
 
Shloka said:
Since I did not file for my spouse H4 extension with my H1 extension unlike you said what are my options of filing for H4 exxtension then:

1)Can I file based on the reciept notice or YES
2)I have to wait till I get my extension. NO


Thanks for your advise and help
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