Regarding my Fiancee's H1 B visa - a little urgent!

S

ShravanA

New Member
Hi,
I'm a H1 B visa holder. I'm intending to get married to my Fiancee, before the end of this year. I am planning on applying for her H1 B visa under the current year's quota. Though I'm applying for her H1 B and hoping on getting approval, I wanted to bring her here on H4 visa which has a greater probability of being issued. So by the time she comes here, she wud be on H4 visa, but would also have here H1 B applied and approved by then, So, Wud she be able to work as is, or what complications wud be involved if any as re-applying or going out of country and getting her H1 visa stamped??

Please respond to my question as its getting delayed for applying for her H1.

Thanks
 
ShravanA said:
Hi,
I'm a H1 B visa holder. I'm intending to get married to my Fiancee, before the end of this year. I am planning on applying for her H1 B visa under the current year's quota. Though I'm applying for her H1 B and hoping on getting approval, I wanted to bring her here on H4 visa which has a greater probability of being issued. So by the time she comes here, she wud be on H4 visa, but would also have here H1 B applied and approved by then, So, Wud she be able to work as is, or what complications wud be involved if any as re-applying or going out of country and getting her H1 visa stamped??

Please respond to my question as its getting delayed for applying for her H1.

Thanks
Click to expand...
If you apply h1 before you wife coe to US with H4, she need to go out of US to get her h1 stamped. She can not work until she get her visa stamped and new I 94 (with h1B status written on it).

If she come with h4 and change the staus before May , there is some chances to get 2006 quota H1 otherwise she has to wait 2007 quota
 
great guru said:
If you apply h1 before you wife coe to US with H4, she need to go out of US to get her h1 stamped. She can not work until she get her visa stamped and new I 94 (with h1B status written on it).

If she come with h4 and change the staus before May , there is some chances to get 2006 quota H1 otherwise she has to wait 2007 quota
Click to expand...
A person coming to US on H4 with H1b already filed but not yet out. This is the situation right. Well I will somewhat agree with above post but not sure. My reason of not sure is that in your case the applicant's H1 will not have a I94 with it. SAy the appilcant comes here on H4 and then files for H1B that H1 will come with I94 because of visa status change. Where as in your situation H1 is filed assuming the applicant is out of US and not in US.
 
san27geet said:
A person coming to US on H4 with H1b already filed but not yet out. This is the situation right. Well I will somewhat agree with above post but not sure. My reason of not sure is that in your case the applicant's H1 will not have a I94 with it. SAy the appilcant comes here on H4 and then files for H1B that H1 will come with I94 because of visa status change. Where as in your situation H1 is filed assuming the applicant is out of US and not in US.
Click to expand...

Even if you are in US but not in status, you will not get I 94 at bottom of h1 approval notice, you will get only new h1 for that you have to go out to stamp before start working.
 
great guru said:
Even if you are in US but not in status, you will not get I 94 at bottom of h1 approval notice, you will get only new h1 for that you have to go out to stamp before start working.
Click to expand...

I'm a little confused as to what u say. By meaning going out for stamping before starting to work, do you mean going out to any country, even Canada or Mexico?? I talked to several ppl and they said that when I get the H1 papers for her, even the consulate name which she would attend would also be specified
 
ShravanA said:
I'm a little confused as to what u say. By meaning going out for stamping before starting to work, do you mean going out to any country, even Canada or Mexico?? I talked to several ppl and they said that when I get the H1 papers for her, even the consulate name which she would attend would also be specified
Click to expand...

You are not understanding your 2 scenarios. (H1 before H4, and after H4.)

Read again the replies.
 
If first entry is on H4.....

To be specific if the first entry is on H4 and then whatever happens to H1 application .....for eg., is approved then your fiancee has to go out of US to get H1 stamped and then enter on H1 again....cannot change status h4 to H1 within US.
 
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