H1 filing from India and H4

[kithraks]

I am getting married in August 2007. Now my fiancee is a software engineer in india with 2 yrs exp in java/DW etc. here are my question:

1.If a person residing in India,applies H1B visa via a consultant in (april 2007)the US,when can she expect getting her visa approved and stamped? and when earliest can she come to the US? Is it generally a fixed timeline or it varies greatly?
2.If her visa processing is underway from April, and she doesnt get it stamped by august this year, can she apply for her H4 in August after marriage, come to the US, and when her H1 gets approved start working?
3. In scenario 2 does she needs to get her H1B stamped when it gets approved before starting to work?
4. Does application of H4 as mentioned in scenario 2 allowed and legal? Does it put her H1 processing under any kind of jeopardy or does it have any such influence on her H1 Processing?
5.If her H1 is put under query because of the company she is applying through or some other reason(query or questions or more information around the VISA, offer or the opportunity), does it affect her H1 approval process the next year?
6. Generally what's the success rate of Independant Indian Consultants applying for H1B VISA for people back in india, is it generally safe or risky? In terms of getting the visa approved and stamped?

[bk2]

Re:

Hi kithraks,
Did you get any info on ur queries. I am in the same boat and would appreciate any info you can share with me
Thanks

[Subramanya]

H1 intricacies

I am getting married in August 2007. Now my fiancee is a software engineer in india with 2 yrs exp in java/DW etc. here are my question:

1.If a person residing in India,applies H1B visa via a consultant in (april 2007)the US,when can she expect getting her visa approved and stamped? and when earliest can she come to the US? Is it generally a fixed timeline or it varies greatly?

---- Regular processing takes 3-4 months for approval of H1
---- Premium processing takes 2-4 weeks for approval of H1
---- In general, the US Consulates encourage new H1 applicants to come in the month of September for a Visa interview, so that they are in time for Oct. 1 to take up the assignment

2.If her visa processing is underway from April, and she doesnt get it stamped by august this year, can she apply for her H4 in August after marriage, come to the US, and when her H1 gets approved start working?

---- She can apply for here H4 soon after marriage and if by that time the H1 gets approved then she has to seek an appointment for H1 Visa and then come to US. If she comes to US on H4 she may have to go out of the country to seek a H1 Visa stamp, enter US and only then start working by applying for a SSN

3. In scenario 2 does she needs to get her H1B stamped when it gets approved before starting to work?

---- Yes, as above

4. Does application of H4 as mentioned in scenario 2 allowed and legal? Does it put her H1 processing under any kind of jeopardy or does it have any such influence on her H1 Processing?

---- Read response to query #2

5.If her H1 is put under query because of the company she is applying through or some other reason(query or questions or more information around the VISA, offer or the opportunity), does it affect her H1 approval process the next year?

---- NO

6. Generally what's the success rate of Independant Indian Consultants applying for H1B VISA for people back in india, is it generally safe or risky? In terms of getting the visa approved and stamped?

---- There are no statistics or facts available. At best speculative guesses can be made. All said and done you have to rely on instincts and the employer for sponsoring the H1 application

Subramanya