Fiance with US degree (H4 to H1B possible?)

[dhiktana]

Hi All

I have a H1B in a stable job in a stable company. I am planning to marry a girl with US degree but she has not yet got a job and has exhausted her OPT (on F-1) so she will eventually end up as H4 dependant status once we get married.

How easy/difficult is it for her to change from H4 to H1 if she manages to find a job? The employer will want her to start working almost immediately after the offer is given while processing H1B takes 2-4 months (assuming there are a lot of H1's open since 2009; the pre-2009 scenario was scary when H1 quota used to be exhausted within few days of opening) I have heard that COS from H4 to H1 is very difficult due to this reason. Can someone advise is this true and how to go about it?

Thanks!

[shervin143]

The H1B CAP has already reached for fiscal year 2012. You cannot file a fresh H1B until April 1st 2012. The employment start date cannot be prior to October 1st 2012.

[dhiktana]

The H1B CAP has already reached for fiscal year 2012. You cannot file a fresh H1B until April 1st 2012. The employment start date cannot be prior to October 1st 2012.

Thank you shervin.

So this means, either she has to get in to F1/OPT mode so that she can start working right away or she has to find an employer who is ready to wait till the H1 petition is done on the 1st Oct 2012, right? Are employers ready to hire H4 candidates if the candidate has grad. level US degree?

[shervin143]

If she is currently in F1 and eligible for OPT, then yes, she can work in OPT status. To work in H1B status, she has to wait until October 2012 (Petition can be filed in April 1st 2012). A person in H4 status cannot work. H4 is for dependents and it is illegal to work in Dependent status.

Thank you shervin.

So this means, either she has to get in to F1/OPT mode so that she can start working right away or she has to find an employer who is ready to wait till the H1 petition is done on the 1st Oct 2012, right? Are employers ready to hire H4 candidates if the candidate has grad. level US degree?

[dhiktana]

If she is currently in F1 and eligible for OPT, then yes, she can work in OPT status. To work in H1B status, she has to wait until October 2012 (Petition can be filed in April 1st 2012). A person in H4 status cannot work. H4 is for dependents and it is illegal to work in Dependent status.

I do understand that; Thanks!

What I wanted to know is: if one is having a US degree and is on H-4, are the employers ready to wait till Oct 2012 for the candidate to start working? An OPT candidate can start working right away while the one on H-4 has to wait till Oct 2012.

On 2nd thoughts, isn't it true that one looses his/her OPT and F-1 status if he/she is unable to find a job within 3 months of being in OPT? In that case, the person becomes out-of-status or illegal or both?

[shervin143]

What I wanted to know is: if one is having a US degree and is on H-4, are the employers ready to wait till Oct 2012 for the candidate to start working? An OPT candidate can start working right away while the one on H-4 has to wait till Oct 2012.
>>> Well, this isn't something that I can answer. You need to look into the job portals / ttalk to recruiters and find out for yourself.

On 2nd thoughts, isn't it true that one looses his/her OPT and F-1 status if he/she is unable to find a job within 3 months of being in OPT? In that case, the person becomes out-of-status or illegal or both?
>>> Yes.