H4 to H1B while in India


anchittapadia

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My wife has a H4 visa and will be coming here on April 22nd. If we were to find a consultant who Is ready to file her H1, is it actually ok to file for H4 to H1B while in India or would she have to wait until April 22nd to actually file the petition?

If yes, can she enter the united states on h4 without any issues?

If not what are the other options?

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My wife has a H4 visa and will be coming here on April 22nd. If we were to find a consultant who Is ready to file her H1, is it actually ok to file for H4 to H1B while in India or would she have to wait until April 22nd to actually file the petition?

If yes, can she enter the united states on h4 without any issues?

If not what are the other options?

USCIS will start accepting H1B applications from 1st April 2014. Everyday counts as there is a possibility of cap being reached in few days. From India she cannot file a change of status from H4 to H1B as she is not in any status in India. So, better to file a H1B before she enters US on H4. Once her H1B gets approved she can exit and enter US on H1B visa.

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