Visa Stamping after B1 to H1B Change of Status



My fiance came to the US in summer of 2011 on a B1 visa (she had been to the US multiple times before also while growing up as her dad is a citizen and has been living here. She just never bothered to get a green card through him while she was within the eligible age limit).


After 3 months or so of being here this time she got a job with an NGO and they also applied for an H1B Visa for her. She stayed in the US and had a change of status from B1 to H1B. She has not gone back to her home coutry (India) to get the H1B stamped yet as her lawyer is concerned that there's a good chance the consulate will deny the stamp.


I'm here on an H1B myself. We don't like this concern of her getting stuck outside the US if she travels abroad and we've been evaluating options to free ourselves of this concern. 


I think we have the following options once we get married -

	She continues to stay employed and goes to India for her visa stamping only after the first H1B renewal

	She gives up her job, goes to India, applies fresh for an H4 and comes back to the US on that. 

	She goes to India for her H1B visa stamp. If that is rejected, she gives up her job and applies fresh for an H4. 

	She continues to be here but does a change of status from H1B to H4 and we get her H4 stamped when we goto India next

Here are my questions -

	Does option 1 improve chances of her visa getting stamped successfully?

	Are there any possible problems with option 2?

	If we choose option 3 and her h1b stamp gets rejected, would it affect the chances of getting an H4 which she applies for right after?

	If we go with option 4, could there be any concerns for getting the H4 stamped like there are for H1B?

	Do we have any other option to get us some peace of mind in this regard?

  1. Doesn’t improve the chances significantly

  2. She will have to file COS from H-4 to H-1 after returning to US. This may run into issues. Also, her H-1 position may get closed if this causes a significant break in her employment

  3. Usually doesn’t reduce the chances of H-4 stamping

  4. If you have to do this, then #2 is better

  5. Can’t think of any

B-1 to any category change of status may get approved but a visa is also tricky Since B-1 is not supposed to have any intent to immigrate or live temporarily in the US. I’m not sure which option is the best but H-4 can be applied even if her H-1 is denied. H-4 depends on your status and is pretty straight forward. Good Luck