H4 to H1b

[nvedia]

My spouse is on H4 currently and I am apply for H1B this year but she cannot work till February

Assuming that the H4 to H1B transfer(or whatever its called) is approved, is it necessary that she needs to start working from Oct 1 or she can work even after 6 months post Oct 1?

[JoeF]

My spouse is on H4 currently and I am apply for H1B this year but she cannot work till February

First, you don't apply for an H1 for her. She has to find an employer, and the employer can file an H1 for her.

Second, an H1 can be filed up to 6 months before the start date. If she can only start in February, the H1 can be filed in September at the earliest.

[nvedia]

First, you don't apply for an H1 for her. She has to find an employer, and the employer can file an H1 for her.

Second, an H1 can be filed up to 6 months before the start date. If she can only start in February, the H1 can be filed in September at the earliest.

Thanks, I believe that H1B can be filed in September only if there is still cap left

Going by previous few years, cap would get over in the first few weeks after Apri 1, 2013

[JoeF]

Thanks, I believe that H1B can be filed in September only if there is still cap left

Of course. That goes without saying.

Going by previous few years, cap would get over in the first few weeks after Apri 1, 2013

Then the start date would have to be in October. It is not possible to file an H1 petition in April for a start date in February.

[nvedia]

Of course. That goes without saying.

Then the start date would have to be in October. It is not possible to file an H1 petition in April for a start date in February.

Oh, I thought that we can work anytime after Oct 1, not necessarily Oct 1

In that case, can a candidate go on a long leave(LOP) of 5 months? or is there any amendment to state the delayed start date?