shreeyan Posted July 18, 2012 Report Share Posted July 18, 2012 Hi All, I need all your help in getting couple of questions answered. I am currently on H1B and my wife is with the same employer but still working in India. She has got her H1B petition approved but not stamped yet. Now, I wanted to know... 1. Can I get my wife into US by applying H4? Will there be any denial in this case as she already has a valid approved H1B petition? 2. If yes to question 1, once she entered US on H4 and if there is a job opening with the same employer, can she apply for her Change of Status from H4 to H1B or does she have to go back to home country to get the H1B stamped and then re-enter US on H1B? Please advice me of any risks or any complications that I might end up because of this. Expert help is appreciated. I actually went through the entire forum, but couldn't get a proper idea for my situation, hence opened a new topic for all your expert help. Link to comment
pontevecchio Posted July 18, 2012 Report Share Posted July 18, 2012 1. Yes and No. If you are in valid H1 status she will get the H4. 2. That is totally up to the H1 sponsor as he will have to pay money again to file her H1 petition with COS. Link to comment
shreeyan Posted July 18, 2012 Author Report Share Posted July 18, 2012 Thanks for your quick reply. I understood the first part but for regarding answer for the 2nd question, what does this mean "pay money again to file her H1 petition with COS"? How much would it cost? I was told by the employer that she would have to go to the home country to get this H1B stamped before even she can start working... Is it so? Link to comment
pontevecchio Posted July 18, 2012 Report Share Posted July 18, 2012 Only 2 ways to make it happen. One is to leave and come back on the H1 visa. The other is for the employer to AGAIN re-file a H1 petition. The employer seems to want her to get the visa which presupposes that he has no doubts about her getting the visa. COS to H1 entails a H1 petition filing. Link to comment
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