Can I file H1 from India and later come to US on H4 and apply for change of status from H4 to H1 in US?Any restrictions?

[vsk417]

Hi,

I am currently working in India for a Software Company.My husband recently got H1 visa stamping in India in December and started working in US from 1 st January 2014. His H1 visa(I-94 as well) is valid till 2016 April.Last week I attended for H4 stamping and got H4 visa for me & my son.Through friends we found a company inUS who are willing to sponsor H1 for me.But they are asking me to come to US on H4 first(at the most by march20th 2014) and then they will file my H1 petition on April 1st 2014 and then change of status from H4 to H1.But my current employer in India will not relieve me till next 3 months.

 

So trying to get clarity.

 

1.How about if we ask them to file H1 while I am in India only with H4 visa?

 

2.Can I travel to us on h4 after few months while my H1 is under processing?

[jairichi]

 

Hi,

I am currently working in India for a Software Company.My husband recently got H1 visa stamping in India in December and started working in US from 1 st January 2014. His H1 visa(I-94 as well) is valid till 2016 April.Last week I attended for H4 stamping and got H4 visa for me & my son.Through friends we found a company inUS who are willing to sponsor H1 for me.But they are asking me to come to US on H4 first(at the most by march20th 2014) and then they will file my H1 petition on April 1st 2014 and then change of status from H4 to H1.But my current employer in India will not relieve me till next 3 months.

 

So trying to get clarity.

 

1.How about if we ask them to file H1 while I am in India only with H4 visa?

 

2.Can I travel to us on h4 after few months while my H1 is under processing?

 

1. Yes, you can ask H1B employer.

2. Yes, you can travel on H4. But, once your H1B petition gets approved and if you want to start working from 1st Oct you would need to exit and enter US with a valid H1B visa and I797 approval notice.

[t75]

I am always concerned about a company that seems fearful of a visa stamping

[vsk417]

Thanks guys.

 

Does filing for fresh H1 while I am in India (already has H4 but not traveled to US) has any impact on my H1 APPROVAL/Lottery and consequent stamping in Consulate ? 

I have people telling me that filing H1 from US and COS from H4 has more success rate then filing H1 when person is in India and going through consular processing? Is that true? 

I was under the impression that Lottery and Petition approval will go through the same procedure and time irrespective of person is in US or India for fresh H1 ? Correct? 

Is there any specific advantage or edge for people filing H1 in US on H4 for cos?

[jairichi]

Thanks guys.

 

Does filing for fresh H1 while I am in India (already has H4 but not traveled to US) has any impact on my H1 APPROVAL/Lottery and consequent stamping in Consulate ? 

I have people telling me that filing H1 from US and COS from H4 has more success rate then filing H1 when person is in India and going through consular processing? Is that true? 

I was under the impression that Lottery and Petition approval will go through the same procedure and time irrespective of person is in US or India for fresh H1 ? Correct? 

Is there any specific advantage or edge for people filing H1 in US on H4 for cos?

Both routes pass through same procedures. The only advantage when applying for a COS is the additional step of going for visa stamping is not there.

[rahul412]

I have people telling me that filing H1 from US and COS from H4 has more success rate then filing H1 when person is in India and going through consular processing? Is that true? 

No, don't believe in those kind of rumors.

 

 

I was under the impression that Lottery and Petition approval will go through the same procedure and time irrespective of person is in US or India for fresh H1 ? Correct?

100% correct.

 

 

Is there any specific advantage or edge for people filing H1 in US on H4 for cos?

No their is no adv.

[simk]

1. Yes, you can ask H1B employer.

2. Yes, you can travel on H4. But, once your H1B petition gets approved and if you want to start working from 1st Oct you would need to exit and enter US with a valid H1B visa and I797 approval notice.

I don't think that the OP needs to get out of country and go to visa again, if she is already in US. Valid I797 is enough for her to start working in US. H4 visa is cancelled, once H1b is issued.

[jairichi]

I don't think that the OP needs to get out of country and go to visa again, if she is already in US. Valid I797 is enough for her to start working in US. H4 visa is cancelled, once H1b is issued.

Only if OP's H1B petition gets approved with COS then OP does not have to go for H1B visa stamping to be on H1B status from 1st Oct. If you read OP's 1st post you will understand that she wants her employer to file H1B when she is in India and later travel on H4 when H1B is being processed. So, if approved it would be consular processing. If OP does not want to go for stamping then after H1B approval employer files a COS to H1B and pay fees again. No sane employer would be interested to pay twice for H1B.