Please help me out on this H1 & H4 visa..

[joseph_17]

Hi Friends,

I'm a H1 consultant currently working in the US. I'm planning to get married by end of this year.

My fiancee is working in IT, she is in India. I want to file H1 for her this year but I want to bring her to the US on H4 after marriage.

After coming to the US, once she gets a project then I want to transfer her from H4 to H1.

Questions:

1) Will this work? Is it a good idea?

2) Is there anything invalid?

3) Your suggestions on this scenario?

Thanks for helping me,

Joseph

[shervin143]

1) Will this work? Is it a good idea?
>>> Yes.

2) Is there anything invalid?
>>> No.

3) Your suggestions on this scenario?
>>> After getting the project, she will need to apply for a COS from H4 to H1B and that need to get approved for her to work. Alternatively, she can leave the country and get the H1B stamped and return back on H1B to start working.

[joseph_17]

Thanks for your reply.

Thanks for your reply.

When I asked about the same thing to my employer for filing h1 for my fiancee they said, after filing if her h1 gets approved and then if she enters the US with h4 then her h1 will get canceled.

That is the reason I raised this question in the forum. I’m confused.

And what is COS?

Thanks,
Jospeh

[shervin143]

There is a difference between the H1B visa and the petition. If she already has an H1B visa and if she goes for H4 stamping, then there are chances that her H1B visa (in the passport) may get cancelled. However, the petition remains valid until it's expiry date. In which case a COS from H4 to H1B is still an option. If she wants to enter U.S in H1B visa, then she will have to get it stamped again