H4 to H1 or H1 Stamping ?


Kiran GV

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Hello Everyone,

My scenario is kind of unusual...My spouse got the lottery last year from India and stamping is yet to be done due to some acknowledgement issues (hoping issues will clear by Mar 17 end)...am planning to apply for H1 in Apr 2017....please advise which is better option from below

1) Should I file fresh h1 petition ignoring my wife's h1b and if i get the lottery shall i get stamping done in India and come to US or

2) Should I go with my wife for h4 stamping while my h1 is in process and can i do COS later if i get the lottery ?if i can do COS before when can i do this ?

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