Question H4 to H1 Conversion (in INdia) Probability ?

Hi Guys

Me and My Wife (both of us working for different firms) have received H1B Valid Petitions as part of the CAP This year (FY2015)

  1. My Employer has confirmed I need to travel by October 1st 2014. I am in the process of scheduling my Stamping Appointment
  2. My Wife’s Employer has confirmed she needs to travel in Jan 2015. Her H1B Stamping will happen in December.

Scenario 1: Me and My wife undertaken H1 and H4 stamping respectively and I travel alone on my H1B in October 2014.
Due to professional commitments my Wife CANNOT accompany me on an H4 to the US right now (and Later convert her H4 to H1 after reaching the US)

Will Scenario1 (H4 to H1 Conversion) cause a problem for her in Jan2015 when she applies for H1B Stamping ? Since she would have a stamped H4 (and NOT Traveled)
As we could be potential immigrants ?

Scenario 2: I undertake H1B Stamping alone in October 2014 & My Wife undertakes her H1B Stamping in January 2015 - Independent of each other.
In case her Employer doesn’t allot a project to her in Jan 2015, she can then apply an H4 and join me.

advice guys ?

Hi Friend,

Read your above scenario.
Just want to update one important point here that H4 to H1 conversion under cap exemption does not happen if you have not stamped your H1 Visa previously. This Rule got revised in April 2014 I got my wife’s H4 to H1B conversion rejected.

My wife was having 2010 H1B petition approved never went for stamping & never travelled to US. Hence in March 2014 I called her on H4 as I am on my employer’s H1. Then I filed H4 to H1 converstion under cap exemption in July 2014 but it got rejected due to above rule. Hence do take care and do not spend money. I have wasted 4000$ … :frowning: :frowning: :frowning:

Santosh

Hi Santosh,

We had similar case recently 2012 h1b not stamped, seen ur post & contacted attorney after review got to know that our case is also not cap exempt. Planing to file new H1 for wife.

Thanks for sharing.

Sridhar