H4 To H1 Transfer

[RKADARU]

Hi,I am on H1 and my wife is on H4.
We are planning to apply H1 to my wife next year(2009) Quota on April.
We are planning to visit india im March
I have 2 Questions
1.We will give all our H1 related docs to Employer on March 5th and we will go to india and he is will apply for her H1. Is there any problem in this?
2.If we wait till her h1 filing(till April st week) and go to india and come back in May. Is atht create any problems?

U r help is much appriciated...

 

[manwithnoname]

Is the H-1B be filed as change of status or 'visa to be issue aborad'? For change of status case, she should be in the U.S. on the filing date. However, for either cases, the status does not change (even on approval) anyday earlier than October 1, 2008. So, I think, your wife should be able to stay abroad till May 2008.

 

[GotPR?]

Hi,I am on H1 and my wife is on H4.
We are planning to apply H1 to my wife next year(2009) Quota on April.
We are planning to visit india im March
I have 2 Questions
1.We will give all our H1 related docs to Employer on March 5th and we will go to india and he is will apply for her H1. Is there any problem in this?
2.If we wait till her h1 filing(till April st week) and go to india and come back in May. Is atht create any problems?

U r help is much appriciated...

Problem is if she left the US when change of status is being processed, change of status application might be considered abandoned. She has to get H1 stamp before working on H1 after Oct 1.