H4 to H1

shwetha1010

By shwetha1010,
in H1B : H-4 Issues

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jairichi Advanced Member

jairichi

Posted
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I am currently on H4 visa and is valid until March 2015. I am planning to apply for H1B visa this year 2014. I am planning leave to India in March 2014.

 

1. Is it safe to apply H1b from India and enter US in May  or Oct 2014?

2. Is it safe to apply H1b in US and leave India in April 1st week?

1. Yes. But, you can enter on H1B visa only 10 days before H1B start date.

2. The process is the same but if you leave US and if your H1B petition is approved after that then your COS part is considered abandoned.

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jairichi Advanced Member

jairichi

Posted
Posted

1. If I apply H1B from US employer while I am in India, can I  enter into US before it gets approved or processing if it gets picked in lottery. I am planning to come by June 1st week.

 

2. Is there a advantage if we apply H1B while I am in US than in India?

1. You can enter with your H4 visa. But, on approval of H1B petition when you would like to start working on H1B petition i.e. after Oct 1st you would need to exit and enter US with a valid H1B visa and I797.

2. Not any significant advantage. If it is filed and approved as COS when you are in US there is no need to exit and go for H1B visa stamping to be on H1B status and work for employer from 1st Oct.

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rahul412 Advanced Member

rahul412

Posted
Posted

1. If I apply H1B from US employer while I am in India, can I  enter into US before it gets approved or processing if it gets picked in lottery. I am planning to come by June 1st week.

 

2. Is there a advantage if we apply H1B while I am in US than in India?

1. Yes you can. But your employer has to file for COS H1 so that you can work on H1

2. Nothing.

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