H4 to H1B visa

[pdeepak1]

Hi senior members,

My wife is on H4 visa status and her visa is valid till August 2011 and she is currently in india. Recently , she got her H1B approved.
My question is , does she need to attend visa interview at chennai consulate and get her visa stampled for H1B ? Or she can come here on H4 and then later change her status from H4 to H1b. I am worried about large number of H1b rejections happening in India at the time of stamping and thinking if , there is way to avoid that.

Thanks in advance.

[Subramanya]

My wife is on H4 visa status and her visa is valid till August 2011 and she is currently in india. Recently , she got her H1B approved.
My question is , does she need to attend visa interview at chennai consulate and get her visa stampled for H1B ? Or she can come here on H4 and then later change her status from H4 to H1b. I am worried about large number of H1b rejections happening in India at the time of stamping and thinking if , there is way to avoid that.

---- It is better to go for H1 visa and enter US on the basis of H1 and a I-94 for H1 at the POE

---- Yes, your wife may also chose to come to the US on H4 and then do a COS to H1. It can take 3-4 months before the COS is done in the hope that there is no RFE in the process. In the event there is an RFE you can add time to it (unknown)

---- This is not trying to be negative, but just an opinion

---- If the employer is genuine and if your credentials are authentic then there should not be an issue of getting a H1 visa, in which case you should not worry at all

Subramanya

[pdeepak1]

H4 visa to H1B visa status change

Thanks Subramanya for your reply , this helps.

Just another doubt , in case her H1 B visa is delayed/denied at the chennai consulate, will her H4 will get cancelled or still valid ?

Thanks

[Subramanya]

Just another doubt , in case her H1 B visa is delayed/denied at the chennai consulate, will her H4 will get cancelled or still valid ?

---- It depends on the VO. At times they indicate CWOP across the visa stamp. If nothing is written or stamped on the H4 visa it remains valid and your wife can still use it to come to the US on H4

---- If the H1 vis is delayed/denied and the CWOP is tamped across the H4 visa, tehn you are in for hard luck. Hope this does not happen and god willing she should get her H1 visa

Subramanya