Urgent: H-4 to h-1 conversion

[raj_dc]

I need some advice on the following situation.

1. My wife had an h-1 through a large IT company in India.
2. Since they did not send her on a project to the US, she quit her company, cancelled her H-1, got an H-4 and entered the US on July 31st.
3. Within one week of her landing in the US, another company wants to hire her and is willing to sponsor her H-1.

Questions:

1. Will converting from H-4 to H-1 so soon after entering the US on an H-4 cause any problems later on when she goes out of the US and goes to the consulate in India to get a new H-1 Visa?

2. If circumstances force us to convert to an H-4 again:

a. what is the procedure
b. what are the complications/risks if any
c. if by then she has not gone out of the US, will her current h-4 be still valid? In other words, does she have to re-apply for an H-4 all over?


Please suggest a time I could call on you.

Thanks
Raj_dc

 

[ginnu]

I need some advice on the following situation.

1. My wife had an h-1 through a large IT company in India.
2. Since they did not send her on a project to the US, she quit her company, cancelled her H-1, got an H-4 and entered the US on July 31st.
3. Within one week of her landing in the US, another company wants to hire her and is willing to sponsor her H-1.

Questions:

1. Will converting from H-4 to H-1 so soon after entering the US on an H-4 cause any problems later on when she goes out of the US and goes to the consulate in India to get a new H-1 Visa?
--- NO problem, H visa has dual intent she can change her status from H4 to H1B, but she can start work only after she gets her H1 approved it may take 5-8 months or go for premium processing
2. If circumstances force us to convert to an H-4 again:

a. what is the procedure
--- File form I-539 with BCIS and change from H1b to H4 if she is in US at that time or she can go to India and can get H4 visa stamped based on your H1B
b. what are the complications/risks if any
c. if by then she has not gone out of the US, will her current h-4 be still valid?
---Now she is on H4 if she changes to H1b she will be on H1b
- In other words, does she have to re-apply for an H-4 all over?
- --- YES or go out get H4 based on your H1, if her consulate is Chennai then be ready to face problems

---- you and your wife are confused at this time relax for few days, H4then H1 if no H1 then H4 and IF again H1 then again H4, that, This.. it all confusion
Please suggest a time I could call on you.

------- You can call any time to all the forum members they keep the phone always free, but first decide what you or your wife want to do or ask, she seems to be exited, first relax for few days then decide I am sure you will reach to final decision, will she be able to find job?