Hi,

I am on an H-1B visa working for a tech company here in the US. I
would like to bring my wife on a H4 dependent visa. My question is -
Assuming that she can fin d a job and the company is willing to do
H-1B for her, are there any restrictions enforced on the visa status
change by the INS? (Time limits, specific prevention of status change
from H4 to H1B etc.)

For an answer, I would to be provided with a link to the official
document from INS, BCIS that discusses these topics.

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Clarification of Question by geekvasanth-ga on 30 Jul 2005 18:22 PDT

The situation is that, it is very likely that she will get a job with
H-1 sponsorship within a month of her entering the United States on
H-4. So assuming that her H-1 is processed within 2 months, can she
start her work right away?

There are no restrictions in transfer from H4 to H1B. Once she is here
on H4, you can apply for her H1 visa. As soon as the application is
received at INS they give you a file number and she can start working
and be on a payroll.

You need to follow the correct papaer work required to file a H1.
Incorrect paper work is the only thing that can prevent her from
getting the H1.

Again, there are no restrictions for H4 to H1 B transfer provided the
paper work is good. This will be mostly considered as a new H1 B.

I have seen quite a few H4 to H1 transfers. If you need more
information then you can also go here on the link -
http://www.immigration.com/faq/hvisa2.html#424

This link has a list of questions and answers by the law offices of Rajeev S Khanna.