H4 to H1B while in India


ab12ef

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Hello experts,

 

May be this question has been answered in any other forum but i couldn't find anywhere so posting it here :

 

1) My wife (currently on H4) going to India for some emergency Feb 2014 and will be back by May 2014.Can she apply H1b from India through employer in US and come back before the result comes out.In that case she will enter the US on her H4 visa only.

 

2) If yes then does she has to via COS of status process again after 1st Oct,2014 to start working or there is something else.

 

Thanks,

ab

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Hello experts,

 

May be this question has been answered in any other forum but i couldn't find anywhere so posting it here :

 

1) My wife (currently on H4) going to India for some emergency Feb 2014 and will be back by May 2014.Can she apply H1b from India through employer in US and come back before the result comes out.In that case she will enter the US on her H4 visa only.

 

2) If yes then does she has to via COS of status process again after 1st Oct,2014 to start working or there is something else.

 

Thanks,

ab

1. Yes.

2. Yes, employer has to file COS from H4 to H1B and pay H1B fees again. Till her COS is approved she can't start working. Or she could exit and enter US with a valid H1B visa. 

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