H4 to H1

[asha]

Hi ,

Recently i got my H1B approval . Now i'm India , Can any one suggest should i go for H1B stamping or should i go for H4 stamping .

if i go for H4 stamping should i convert the H4 status to H1 status . is it valid if change the status once i reach usa .

Please let me know if any one on this problem .

Thank you

[Attorney_13]

One should apply for the visa for the nonimmigrant status that they wish to be admitted to the US in.

In the situation described, if you intend to come to the US to work pursuant to the approved H1Bm petition, you must get the H1B visa. If you have no intention of working then you should go for the H4 visa in order to be admitted to the US in H4 status.

In order to change from H4 to H1B status in the US, the employer must file a complete H1B petition with the USCIS and you will need to wait for approval from the USCIS before you can start working.

If you were to apply for the H4 visa, but really intended to apply for a change of status to H1B upon your entry to the US, then you may be committing fraud and found to be willfully misrepresenting yourself to the US government to obtain a benefit. This can have a serious impact on your ability to receive future immigration benefits.

Please consult with a qualified immigration attorney to discuss your case in detail and determine the best course of action.