Spouse holding H4, filing for H1B visa while in India

[vishalshines]

Hi Jairichi /All,

 

I am working on H1B. My spouse and kid holds H4, but never traveled to US. My employer filing H1B in US for my spouse now. Please clarify my below questions.Thanks.

 

She cant come to US before May for some family reasons

 

1.What is the safe timeline for my spouse to come to US while filing H1 in US ?

 

2.Can my spouse come in below scenarios?

   ------->  After picked up in lottery? 

   ------->  After petition approval?

 

 

 

Regards,

Vishal

[jairichi]

She can enter US on H4. No issue.

1. Anytime.

2. Yes.

 

Once she enters US on H4 and later after H1B approval she wants to start working from Oct 1st she has to exit and enter US with a valid H1B visa and I797.

[vishalshines]

Hi Jairichi, Thanks for your reply. My actual plan is to avoiding ""exit US and enter with Valid H1B and I797"". So Please tell me how to avoid this ?  

 

Regards,

Vishal

[jairichi]

Hi Jairichi, Thanks for your reply. My actual plan is to avoiding ""exit US and enter with Valid H1B and I797"". So Please tell me how to avoid this ?  

 

Regards,

Vishal

She needs to be in US on valid status at the time of H1B filing by an employer so that it can be filed as COS.