H4 to H1 - Change of Status

[spath2us]

Hello,

I am getting married in April and planning to bring my wife on H4 after wedding. I know that I cannnot apply for a H4 to H1 (in apr'09) since she will enter US only in May. My question is if I apply for a fresh H1 for her in april'09, assuming it gets picked up in lottery and gets approved, Is it possible to apply for a change of status (H4 to H1) after the approval.?

Reason for my question:
I understand that fresh H1 will not have a I94 and she has to go to India to stamp and come back to start working. Considering the hassle involved in getting stamping without client letter, I would like to know if I can totally avoid that. meaning apply for change of status from H4 to H1 (after fresh H1 approval), get the I94, work for a couple of months and then go for stamping with pay stubs and everything.

Is this an option?

Your response is very much appreciated.

Thanks
Sasi

[cncd1]

Please men, stop saying you will apply for your wife's H1B visa.

First, YOU may not do it; it must be done by and employer.

Second, if she cannot find and negotiate with her own employer, she does not deserve an H1B

Third, this statement validates the opinion that many H1B candidates are undeserving of the visa.

That being said, it appears that you expect her to work for a fraud employer if you expect her to have problems getting a stamping. If this is the case, she should not apply for H1B visa.

Tell your fiance to read this forum and ask her own questions. She needs to understand the H1B process.

[contact 01]

I am getting married in April and planning to bring my wife on H4 after wedding. I know that I cannnot apply for a H4 to H1 (in apr'09) since she will enter US only in May. My question is if I apply for a fresh H1 for her in april'09, assuming it gets picked up in lottery and gets approved, Is it possible to apply for a change of status (H4 to H1) after the approval.?

Reason for my question:
I understand that fresh H1 will not have a I94 and she has to go to India to stamp and come back to start working. Considering the hassle involved in getting stamping without client letter, I would like to know if I can totally avoid that. meaning apply for change of status from H4 to H1 (after fresh H1 approval), get the I94, work for a couple of months and then go for stamping with pay stubs and everything.

Yes you can apply for H-1B as a consular process and once it is approved, later on if the alien is inside the US then definitely you can apply for change of status from H4 to H1. But one thing- nothing is black and white with INS. If USCIS accept the change of status then it will grant H-1B approval with I-94 details or sometimes it will say that alien must go for consular processing as requested in initial application.

Note: This is not a legal advice, please consult an attorney

[spath2us]

Thank you very much "Contact 01", that answers my question.

Cncd1, I think you just did not understand my question and simply over reacting. anyways thanks for your time.

[cncd1]

No, I do understand your problem. What YOU do not understand is a woman working in the US is held to the same standards as a man. YOU need to let HER find her own job, deal with the USCIS paperwork, etc. otherwise SHE cannot be successful in the US. If YOU and SHE cannot realize the importance of HER doing this then SHE should not attempt to work in the US.