Query on h4--h1

[abp@123]

my wife is currently working in india..She has the stamped H4 visa.. she already quit her job already and will be here in USA another two months time. we are trying to file H1B for her via consultancy.. Consultancy says they can file it on April 1,2013 and once approved they will file COS around oct then she can start working on the new visa.. I have the following questions

1. If her H1B is approved by July/August, whether her status changes immediately from H4 to H1 or this change will happen after we file COS explicitly.

2. Whether COS has to be filed on Oct 1st it self if H1B is approved or we can file it after 2-3 months(may be December or January)

3. We might need to go for a trip to India because of some function in family some time around sep. So will it affect her H1B approval or COS if it is filed by the consultancy before oct 1.

4. If we go to india before Oct ,can she return back to USA in H4 and file H4--H1 COS with consulate.Is it possible to do that way

5. If we have to go back to India after Oct 1st and if H1b is approved by that time is is it possible to travel back US on H4 visa it self .Once reach USA can we file her COS from H4--H1.

5. Finally in feature if she wants to again take break from work after some time (let's say 2 years) can we again file COS for her from H1- H4.Is it possible to continue stay in US if COS from H1 to H4 is approved. Should she has to go out of country and come again

6. Whether COS can be filed any number times from H4- H1 and vice versa or is there a limit

[kadkhiq81]

Query on h4--h1

I am also looking out for the response to this post..@Ragvi/bionca82/Kabkaba, Could anyone please respond?

[kabkaba]

my wife is currently working in india..She has the stamped H4 visa.. she already quit her job already and will be here in USA another two months time. we are trying to file H1B for her via consultancy.. Consultancy says they can file it on April 1,2013 and once approved they will file COS around oct then she can start working on the new visa.. I have the following questions

1. If her H1B is approved by July/August, whether her status changes immediately from H4 to H1 or this change will happen after we file COS explicitly. -- Since she is not in the US at the time of filing, the employer will have to again file amendment for change of status. The change of status will be effective on or after Oct 1.

2. Whether COS has to be filed on Oct 1st it self if H1B is approved or we can file it after 2-3 months(may be December or January) -- It can be filed later.

3. We might need to go for a trip to India because of some function in family some time around sep. So will it affect her H1B approval or COS if it is filed by the consultancy before oct 1. -- In that case she can also apply for H1B Visa while abroad and return directly in H1 status on or after Oct 1. In that case no COS will be necessary. If COS is filed, and she leaves the US, she will have to apply for H1B Visa. COS can be filed after she returns to US also.

4. If we go to india before Oct ,can she return back to USA in H4 and file H4--H1 COS with consulate.Is it possible to do that way -- See above.

5. If we have to go back to India after Oct 1st and if H1b is approved by that time is is it possible to travel back US on H4 visa it self .Once reach USA can we file her COS from H4--H1. -- Yes, that is possible.

5. Finally in feature if she wants to again take break from work after some time (let's say 2 years) can we again file COS for her from H1- H4.Is it possible to continue stay in US if COS from H1 to H4 is approved. Should she has to go out of country and come again -- Yes, that is also possible. COS can be filed while remaining in the US.

6. Whether COS can be filed any number times from H4- H1 and vice versa or is there a limit
-- There is no limit.

See above.

[abp@123]

Thanks kabkaba for the timely help

[srao_k]

Query on h4--h1

Is it the same case with F2 as well?

[srao_k]

Query on h4--h1

Hi Kabkaba, can you please answer my query.

[kabkaba]

Can you post in a separate thread and provide more details.