Immigration Issues/H1-spousal

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Question
I am in a kinda confused situation, I am on H1 working in USA, I am getting married to my fiancÚ somewhere second week of Apr-08. I want to apply for my fiancÚ H1 papers before marriage as the last date will fall in first week of Apr-08. After marriage I want to get her here on H4 along with me. And
1) Now I want to know will that be a problem for her to get H4 initially and/or will there be any problem for her to change on to H1 status after her petition is approved.
I will be applying her papers on her present name with present passport but after marriage her name will be changed and her passport might also be changed. After her H1 gets approved it will be on her old name and old passport so what can be done to change it to her marriage name and new passport. Please advise.

I want to apply for her H1 papers before marriage and want to get her here on H4. Please respond as early as possible sothat I can plan.  

Answer
Villiam,
You must be married first before you can apply for an H4 for a spouse.  It should not be a problem for your wife to get an H4 after you are married nor would it be a problem for her to switch to H1 if there are no cap problems and she has a suitable employer.  

The name change should pose no problem as long as she has the appropriate paperwork to show that she is the same person.

Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

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18 years as a practicing attorney.

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Member of AILA

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JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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