H4 to H1-B

[Allpatchino]

Hi i want to bring my wife on H-4 to USA in month of dec/2012 .

will she be able to apply for H1-B visa on april/1/2013 ? is there any wait time for H4 to apply for H1-B?

[pontevecchio]

Yes and NO.

[JoeF]

She would have to find an employer. It is the employer who would file an H1 for her.

[cdi.srini@gmail.com]

Should not be a problem, My wife was here in the month of Jan 2008 and get h1 in the same year.

[madz]

Hi, I work for a non profit organization and my employer is filing my H1-b on Sept 1st 2012, with a start date of Jan 2nd 2013. I plan to go India in Dec 2012 for my wedding and get H1-b and H4(my spouse) stamped together. We are planning to file a h1-b for my spouse (who would currently be on h4) on Apr 1st 2013 .

1) Is it safe for my spouse to travel to India sometime before Aug 2013 and return to USA on h4 status(will not attend for h1-b stamping) , and be able to work starting from Oct 1st 2013?? Would the travel to India on h4 status effect the applied h1-b petition?

2) If we can travel, is it safe to travel after the H1-b is approved or before the h1-b is approved.?

Any reply would be greatly appreciated.

[pontevecchio]

"We are planning to file a h1-b for my spouse" You are not. The H1 sponsor if any is going to file. Semantics? Yes. But very important. If the H1 with COS is approved he can THEN travel. Why would you assume he cannot get the H1 visa when you can. ?