H4 to H1B Canada Mexico or Return to India

[Randell]

Hi,

I have a H1B visa obtained in Sept2006. I am still in India and intend to travel to the US in the month of July2007.
I will be getting married next month. I want to apply for an H4 visa for my wife. At the same time she has a job offer and her employer is filing for her H1B for this years quota.
Will it be a problem is she goes to the USA with me on a H4 and then in Oct2007 changes over to a H1B ? Would she get to do it by going to Canada/Mexico or does she have to come back to India. ?

Please advise.
Thanks,
Randell

[nramesh77]

Hi,
It will not be a problem.Once she gets her H1 approval she can go to any of the over seas consulates to get it stamped.The success rate in mexico is quite high ,if she is unable to return to India it wud be a good option.she can work in US once her H1 is approved with out getting stamped ,as long as her status is maintained by the employer.