Wife's H1B Approved but wants to go for H4 in India to avoid risk....Pls advice

[Santosh12345]

Hello Friends at ImmiHelp

First of all I appreciate your efforts to answer my query.

My question to you is,

I am a H1B Visa holder and I work for a Atlanta Based Software consulting firm and I am in USA since November 2005.

My would-be Wife who is in India(Hyderabad) and working for Satyam Computers since Dec 2006.

I have filed her H1B petition through my employer and fortunately we got her petition approved by USCIS.

The crux is I am a bit worried about Consulate interview in Chennai which she needs to attend for H1b stamping and I have seen many cases who were raised queries and asked to get some difficult documents.

So my employer told me that I can get her on H4 visa and then file her Change of Status petition once she reaches USA which sounds good and cool to me.

I dont want to get struck with queries which could be raised in Chennai for H1B stamping.

Please tell me if the route of H4visa and then applying for change of status is correct and please advice the problems which we may face with this.

Also tell me if thr is any other better way.


Thanks you once again,

Santosh

[novice2007]

Congratualtions on H1 approval by the USCIS. That means you wife is good and credible according to the USCIS.

I am just wondering what factors lead you to doubt her getting visa stamped at Chennai? If your company has advised you to go for H4 for your wife, why in the first place did they sponsor H1? Puzzling.

Well, in my case, I got my wife to the US this July,2007 on H1 very comfortably and she told me that the VO at Chennai was perfectly fine and he took couple of minutes only.

I do believe you need not worry about Chennai or any other consulate, provided you are straight and all the paper work done was honest.

All the best.

[Santosh12345]

Help

the reason why i am a bit afraid going for H1B stamping is my wife has only 1 year of experience and as I told earlier she is working for Satyam Computers.

My employer has filed few cases last year of couple of cases got struck in chennai when they asked them to get the client letter.

I dont want to face the same situation.

thanks

[Chowdary_9]

Hai Santosh

Just follow as ur employer says. Its 100% safe. Dont ask ur wife to attend for H1 in chennai consulate. She can get H4 easily. Once coming here on H4 she can not work for 6 months. After that ur employer can adjust her status through his attorney.

I suggest u to follow what ur employer says. I think that is pretty much genuine.

[Santosh12345]

Chowdary

Dear Chowdary

thanks for advising, have you ever seen or experienced a case like mine.

Why tht 6 months a person needs to wait to adjust his/her status?
Is it a hassle free option

please advice