Cos H1B to H4 to H1B

[love2us]

Thanks experts, I got very good suggest while transferring from L1B to H1B and with great help. I am able to get H1B stamped (Feb'2012) and marriage to got fixed while in India.

I have question regarding the H4.
My marriage is fixed in Nov'2012 and and my fiancée , she is from technical line Testing like to work once reached here , I willing to apply her H1B visa in Apr’12 else we need to apply in Apr'13 wait till Oct'13 to start working.
1. Is this feasible/practical to try to apply for H1B while she is in india in Apr'2012 so that she is eligible to work here after Oct'2012?
2. If By chance we are able to find any company which ready to file H1B and got her petition approved.
a) Can i apply for H4 to get her USA with me and Will it cancel/effect approved H1B application?
b) Can I do like H1B(Applied in Apr'2012) TO H4 (Applied for dependent & to get her USA ) TO H1B(based on last year cap as we already have H1B approved) ?

Thanks
D

[shervin143]

1. Is this feasible/practical to try to apply for H1B while she is in india in Apr'2012 so that she is eligible to work here after Oct'2012?
>>> Yes.

2. If By chance we are able to find any company which ready to file H1B and got her petition approved.
a) Can i apply for H4 to get her USA with me and Will it cancel/effect approved H1B application?
>>> No. The petition will remain valid unless revoked by the employer.

b) Can I do like H1B(Applied in Apr'2012) TO H4 (Applied for dependent & to get her USA ) TO H1B(based on last year cap as we already have H1B approved) ?
>>> What are you trying to ask?

[love2us]

1. Is this feasible/practical to try to apply for H1B while she is in india in Apr'2012 so that she is eligible to work here after Oct'2012?
>>> Yes.
--- > Any suggestion for the company/consultant who sopponsor candidate from India as now a days its getting difficult to find them.

2. If By chance we are able to find any company which ready to file H1B and got her petition approved.
a) Can i apply for H4 to get her USA with me and Will it cancel/effect approved H1B application?
>>> No. The petition will remain valid unless revoked by the employer.
---> As H1 remains valid , do we need to transfer her status from H4 to H1B so that she can legally work ?
----> If Yes, then how ?
---> Is this possible to transfer valid H1 to another employer with out working with first employer ?

b) Can I do like H1B(Applied in Apr'2012) TO H4 (Applied for dependent & to get her USA ) TO H1B(based on last year cap as we already have H1B approved) ?
>>> What are you trying to ask?
-- >Can I apply H1B in apr'2012 , this will allow her to work after oct'2012 and then apply H4 in month of Nov'2012 so that I can take her to USA with me and then change her status from H4 to H1 so that she can legally start work here ?

Thanks

[shervin143]

Any suggestion for the company/consultant who sopponsor candidate from India as now a days its getting difficult to find them.
>>> http://www.immihelp.com/forum/showth...t=63346&page=2


As H1 remains valid , do we need to transfer her status from H4 to H1B so that she can legally work ?
>>> She cannot work in H4 status. Her status need to change from H4 to H1B to work. Either a COS need to be filed when she is in U.S in H4 or enter the country in H1B visa.

If Yes, then how ?
>>> N/A

Is this possible to transfer valid H1 to another employer with out working with first employer ?
>>> Possible.

Can I apply H1B in apr'2012 , this will allow her to work after oct'2012 and then apply H4 in month of Nov'2012 so that I can take her to USA with me and then change her status from H4 to H1 so that she can legally start work here ?
>>> Yes. She cannot work until the COS gets approved.

[love2us]

Is this possible to transfer valid H1 to another employer with out working with first employer ?
>>> Possible.
---> I have read some there is usually issues while transffering H1b visa without pay slips.. Please suggest..

-- > Do we require any stamping requirement when applying COS from H4 to H1B.

---> What I have understand here we can have both the visa h4 and h1b at a time but she can be in on status while entering to US .. Correct me if I am wrong..

Thanks
D

[shervin143]

---> I have read some there is usually issues while transffering H1b visa without pay slips.. Please suggest..
>>> If you are currently in H1B status in U.S, then you need payslips for the H1B transfer. If you have ot worked for the employer in h1B status, then pay slips are not required.

-- > Do we require any stamping requirement when applying COS from H4 to H1B.
>>> No.

---> What I have understand here we can have both the visa h4 and h1b at a time but she can be in on status while entering to US .. Correct me if I am wrong..
>>> You can have both the visa if the consulate allows you to have them both. The visa in which you enter U.S will determine your status. In most cases, the consualte will cancel the previous visa when you apply for a new one.