Need Suggestion on H4 to H1 information for the below problem

[Aruna1063]

I'm on H1B Visa and My husband is in India working for one of the IT company in Banglore.

 

I dont want my husband to come here quiting his job and try his luck waiting for long time for H4 to H1 conversion.

 

One of my friend gave me the following sugestion,

 

1. Get my husband on H4 for 1month on leave, so that he will hav I-94 details.

2. I can file H1 for him with these details while he return back to india.

3. Once H1 is picked in lottery and filled, he can come back to US on H4 and wait for H1 petition result.

 

Could you please let me know if this work?

If not, please give me any other Suggestion.

[jairichi]

I'm on H1B Visa and My husband is in India working for one of the IT company in Banglore.

 

I dont want my husband to come here quiting his job and try his luck waiting for long time for H4 to H1 conversion.

 

One of my friend gave me the following sugestion,

 

1. Get my husband on H4 for 1month on leave, so that he will hav I-94 details.

2. I can file H1 for him with these details while he return back to india.

3. Once H1 is picked in lottery and filled, he can come back to US on H4 and wait for H1 petition result.

 

Could you please let me know if this work?

If not, please give me any other Suggestion.

You cannot file a H1B for your spouse but an employer can. Also, an employer can file his H1B petition even when he is working and staying in India. Once approved he can enter with a H1B visa and I797.

[rahul412]

Are you talking about the next year's H1??

Having H4 or I94 doesn't reduce the processing time.

[t75]

YOU may NOT file for his H1B. He needs to get busy and find his own job.

 

He does not need an I-94 to have a petition filed by an employer.   Just because his petition is selected in the lottery does not guarantee that it will be approved.

 

If his employer has a US office and he qualifies otherwise, he should see if his employer will send him on L1.

[JoeF]

You can't file any H1.

He would have to find an employer, and the employer could file an H1 next April for a start date of Oct. 1, 2015.