H4 Visa, Minimum number of days to convert to H1

[vgoli]

Hi,

If spouse travels to US on H4 is there a certain period of time(per say 6 months or 9 months) that they have to spend in US before applying for an H1B?

Situation: Spouse travels to US on H4 in April. Finds a job and an employer who is ready to file H1B...can it be done immediately?

and once the H1B is filed and approved can the spouse start working without actually getting the stamping done?

Thanks for your time and help

[JoeF]

If the person didn't have an H1 before, the H1 would fall in the quota and she could only start working from Oct. 1.

[pontevecchio]

First time H1 status can only start after October,1 if the preious years quota is over.

[Chitown01]

As long as the quota is open employer can file h1 anytime. No wait time required for change of status.

This years quota is full, so she has to wait till 1st april to file and upon approval wait till 1st October to start working.

No stamping required as long as she is in usa

[vgoli]

Thanks Guys