My wife will be in US in December on H4 visa.
She has an approved H1B 797 notice starting 1st October 2007.
------if she has H1 approval notice and want to work on H1 status then why dont she get H1 visa stamp from US consulate and enter on H1 status???
When she applies for H4 to H1, is that under the quota? My understanding is that her H1 approval has already been counted against the quota and the COS will not be subject to yearly cap.
Appreciate your replies.
My wife will be in US in December on H4 visa. She has an approved H1B 797 notice starting 1st October 2007. When she applies for H4 to H1, is that under the quota? My understanding is that her H1 approval has already been counted against the quota and the COS will not be subject to yearly cap.
Appreciate your replies.
Thanks for the replies guys. I have the same understanding, will confirm with lawyer.
Getting visas stamped is a hassle, she already has H4 stamped. It is easier to file COS than to go through the visa application process...
Her company actually doesn't want to send her for stamping right now. They wanted to send her to US on H1B sometime in March next year. We got married in between, they still want to process her H1B and want to employ her in US, but not in the December time frame.For COS from H4 to H1 more fee now (employer may not file H4 to H1 COS fee has increased) and if agrees to file H4 to H1 then wait for 4-5 months for approval notice and it is not guarantee that her H4 to H1 COS approval will have I-94 attached with H1 approval notice. She should try to get H1 visa stamp from US consulate and if any problem then she can use H4 to reach US. I don’t see problem getting H1 visa if her all the degree /experience papers submitted with H1 petitions are genuine. Why fear of H1 visa rejection?