H4 visa : H1 filing

[samchilu]

Hello - I am currently on H1B in USA and my wife is in India with valid H4 visa and she intents to come to USA in May.

I am planning to file H1B 2015 for my wife but the consultant says that I will need to bring her in March instead of May so that they can submit the application along with change of status from H4 to H1.

 

Due to few personal things, My wife intents to come in MAY and the consultant couldn't provide valid info on any risks if she comes in May so I wanted to seek input from you guys.

 

 

1) Does the process allow to apply change of status (H4 to H1) after the H1B petition got approved? My consultant says its a complicated process and might end up as an query while applying for change of status after the H1 is approved.

 

2)Lets say if she comes in May with H4 status, does her H1B petition be rejected in the process as she came in on a different status while H1 b petition is under process.

Please let me know your thoughts.

[jairichi]

1. Yes, it can be done. But, in that case employer has to pay H1B fee again. No employer will be willing to pay twice for a H1B petition.

2. No.