H1B/H4 status

[krs_ravis]

Hello,

 

I am on H1B since >2 years in USA and my wife is on H4 till now. Both visas are going to expire 2014 December.

 

Last week, we applied for visa extensions and they are pending status as processing time is around 2.5 months and expecting the visa approval in mid of the October month.

 

For my wife, H1B is approved this week and valid from October 1st.

 

 I know that whichever is latest approval, that is valid visa. In her case, H4 visa will approve in mid of October. So, H4 visa overwrites the H1B visa.

If i withdraw the H4 visa, then H1B visa is valid from October 1st.

 

 Her employer applied for visa, but he does not have any jobs. So, she has to try for the Job and pay the taxes as per LCA (may be around 1500 USD/month)

 

so, which option is best.

1. Withdraw H4 application. Join in job and run the pay slips for 3 months. If she gets job, that is good. Otherwise, she can convert into H4 after 3 months. and whenever she gets job, she can convert back to H1B.

 

2. Do not withdraw her H4 visa now. Whenever she gets job, she can convert from H4 to H1B (Change of status). How difficult to do COS for fresh H1B?

 

Please guide. Thank you.