H4 to H1B COS or fresh H1B from India


I am currently in India working for an IT Company and my wife is in US on H1B. I have H4 valid till 2015 Sept, I am planning to apply for H1B in April 2013.

I have two options infront of me right now

  1. Traveling to US on H4 before April 2013 and file H1B with COS.

  2. OR filing fresh H1 and later applying COS from H4 to H1, for this I can travel sometime around October 2013 on H4.

In the first scenario I need to sit idle at home from apr to oct, second one will gain some experience and pay in india. In both the cases visa stamping is not required.I found a consultancy who is ready to do either one.

I need to suggestion from you guys to choose the best option. Thanks in advance.

The only disadvantage I can think of w/ #1 - like you mentioned, you will have to stay at home and cannot work while on H-4.

The only disadvantage I can think of w/ #2 - you will have to stay away from each other as a couple.

Based on which is a bigger disadvantage, you can decide which route to go.