Dobut about H4 and H1

[sujatha_av]

Hi

I have applied for H1b this year (2008). And 20 days back my consultancy told that my application was selected in the lottery and gave me the EAC number and he told he will get the approved docs from USCIS in a month or so.

My marriage is also settled and the marriage is in November. The guy works on H1b in US now for a long term project.

When i spoke with my consultant about the status of documents and updated abt my plans, he gave me two options here.

1. "Marry and come here on a dependent visa(H4) along with my husband, and by that time as he will already have the approved documents from USCIS, i can start working after i get my SSN there. Like without attending the visa interview in embassy for h1b in India."

2. He will send all the docs to me, attend visa interview get visa stamping for h1, marry in november and come along with ur husband by december.

To my knowledge, if the wife on dependent visa (H4) she should not work. She has to apply again in the next year quota, again lottery process...etc..etc as usaul. But he says..though i come on dependent
visa...i neednot wait like in other cases and can work as my application is selected in this years quota. Is the first option true. Can i start working with the approved docs other than the visa stamping from embassy here if i
come with my husband on dependent visa.

[txh1b]

look at the gazillion topic threads on this matter and also read the H1b FAQ section from the immihelp mainpage under H1b.

Option 1 comes with a twist. After you enter on H4, the employer has to file a petition for amending your H1b and changing your status to H1 from H4 through USCIS. You can work without a visa stamp after that gets approved.

Once you are counted in the quota and have not used the 6 years of H1b, you do not have to apply for a new cap again.

[sujatha_av]

Doubt about H1 and H4

Thanks for the reply. I will also look into the forums you have mentioned.

For the option 1, generally how much time does it take for the USCIS to approve my H4 status to H1b after my employer files a petition on changing the status.

And i exactly didnot understand on what you said about he below line:
"Once you are counted in the quota and have not used the 6 years of H1b, you do not have to apply for a new cap again."

thanks
Sujatha

[txh1b]

For the option 1, generally how much time does it take for the USCIS to approve my H4 status to H1b after my employer files a petition on changing the status.

2-6 months

And i exactly didnot understand on what you said about he below line:
"Once you are counted in the quota and have not used the 6 years of H1b, you do not have to apply for a new cap again."

That was in reply for "To my knowledge, if the wife on dependent visa (H4) she should not work. She has to apply again in the next year quota, again lottery process...etc..etc as usaul"

[sujatha_av]

Doubt about H1 and H4

Are there any chances that USCIS doesnot approve the change of status from H4 to H1. Can i start looking for a job or start working as soon as i reach there and in the mean time my consultancy looks into the changing of status issue. Or i have to wait till my H4 status to changes to H1 and then only think of looking for a job.

Which is the better option? Coming on H4 and then changing status to H1 (or) directly coming on H1 there.

Are there any problems that we face there if i come there on H4 and change the status to H1.

[txh1b]

No work till COS is approved. Period.

[sujatha_av]

Doubt H1B and H4

When i go to attend the H4 interview to the embassy, is there a way that they can find out that my application has been selected for H1B this year? Will they ask any question that why i didnot come on H1B and why i came on H4.

And my consultancy told that my application has been given the approval notice from USCIS. And as i going for H4 after i got my H1B approval is that a problem? will they reject my H4 telling that i have to come H1B for visa.

[txh1b]

No impact to H1b.