Filing H1 - Travel to US on H4 recommended for filing H1 to avail COS later?

[gaurang]

Hi,

My wife is in the USA on valid H1B stamped last year.

I will be filing for fresh H1B in this year's quota/lottery. I have not yet got the H4 stamped for me.

If H1B application clears lottery and petition is approved, we would like to avoid consular stamping in India ( just to avoid that chance of rejection at stamping stage).

 

Given this -

1. Is it correct that consular stamping for H1 can be avoided by going for H4 to H1 COS after the petition is approved?

 

 

2. Is it required that I have to be in USA on H4 status during the filing of H1 in Mar/Apr 2015, so that I can apply for a COS later on if H1 petition is approved?

 

2(a) If so can I return back to India after filing H1 in Apr-2015 and continue working in India till H1B petition is approved?

2(b) If I return to India, at what stage in the H1B process do I need to be in USA to apply for a H4 to H1 COS instead of consular stamping ?

 

 

3. Is a H4 TO H1 COS possible in the following scenario -

File H1B petition through a sponsor in USA while staying in India ( without H4 stamped).

Once H1B petition is filed, go for the H4 stamping.

If H1B petition clears the lottery, travel to USA on H4 status.

Once H1B petition is approved, go for a H4 to H1 CoS and start working from Oct-2015.

[jairichi]

1. Yes.

2. a. Yes.

    b. Anytime.

3. Yes.

 

A COS from H4 to H1B can be filed only by employer and employer has to pay H1B fee again. Do you think your employer will do that (paying twice for H1B)?

[gaurang]

Thanks jairichi.

 

The employer will not be paying twice for H1B.

 

My wife already has a H1B, I am thinking of getting a H4 for myself ( from wife's employer on her H1B).

 

If petition filed for me by an employer is approved, I will go for an H4 to H1 conversion.

 

Sorry, I might have confused you with some of my question in earlier post.

[gaurang]

HI jairichi

 

From you replies to 1 and 2 above , it seems the scenario in 3 is not possible.

One needs to have a stamped H4 ( and the I-94 for the H4) if they want the employer to file a H4 to H1 CoS if the H1 petition is approved.

[jairichi]

Thanks jairichi.

 

The employer will not be paying twice for H1B.

 

My wife already has a H1B, I am thinking of getting a H4 for myself ( from wife's employer on her H1B).

 

If petition filed for me by an employer is approved, I will go for an H4 to H1 conversion.

 

Sorry, I might have confused you with some of my question in earlier post.

A COS petition can be filed only by an employer.

[JoeF]

HI jairichi

 

From you replies to 1 and 2 above , it seems the scenario in 3 is not possible.

One needs to have a stamped H4 ( and the I-94 for the H4) if they want the employer to file a H4 to H1 CoS if the H1 petition is approved.

 

A visa is an entry document. If the person earlier filed a COS to H4, and hasn't left the country since, the person would not have an H4 visa stamp. And it isn't needed while in the US.

For an employer to file a COS to H1, the person of course needs to be in a valid status in the US, which is indicated by a valid I-94.