H4 to H1 visa needs visa stamping if the candidate was in india during filimg

[pradeep29]

While filing h1b petition if the persion is in india, do they need visa stamping before converting h4 to h1.

Here is the scenario.

my wife is in india , if i file h1b petition when she is in india and assume if the petition is approved.

Can she come to US on H4 dependent visa and after october can she convert the status h4 to H1 and start working?

OR does she need to go outside of us and get visa stamped for converting to H1.

[wiweq]

"my wife is in india , if i file h1b petition when she is in india and assume if the petition is approved."

=> Are you employer? Beneficiary cannot file H1b, only emplyoer can. Paying H1b fees by beneficiary is illegal.

Yes she can come back to USA using H4 visa before Oct 1st. If her H1b is filed with COS, her COS will be scheduled on Oct 1st from H4 to H1b.