H4 to h1 conversion

[prem_112]

Hi, my future wife is in India now. She applied for H1B in 2008. It got approved
but she did not go for stamping. Now, I'm planning to bring her to the US
on H4. After 2-3months, if she plans to work, can she directly work using
her H1? What is the actual procedure to transfer H4 to H1 and how long
will it take?

 

[ginnu]

Hi, my future wife is in India now.
She applied for H1B in 2008. It got approved
but she did not go for stamping.
Now, I'm planning to bring her to the US
on H4.
-----She should get H4 visa stamp if want to enter on H4 status. on H4 status she cant work. if employer has job and not revoked her H1 petition then she can get H1 visa stamp(be ready to explain why the delay in visa stamp and they will ask lot of documents from US employer to make sure that US employer has real job.

After 2-3months, if she plans to work, can she directly work using
her H1?
-----NO
What is the actual procedure to transfer H4 to H1 and how long
will it take?
------Employer need to file H4 to H1 Cahange of status with USCIS. once her Change of status from H4 to H1 gets approved and she gets new I-94 attached with her H1 approval notice then she can start working on H1.

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