sona1618 Posted March 15, 2014 Report Share Posted March 15, 2014 Hi, Should the candidate present in US when we file for H4 to H1? Currently my spouse is in India. Link to comment
pontevecchio Posted March 15, 2014 Report Share Posted March 15, 2014 You cannot file for a COS which does not exist. If he is not here an employer can file his H1 petition and that will mean getting a visa later on if approved. Link to comment
jairichi Posted March 16, 2014 Report Share Posted March 16, 2014 Hi, Should the candidate present in US when we file for H4 to H1? Currently my spouse is in India. If H1B petition is going to be filed as change of status then the answer is YES. If it is filed as consular processing then the answer is NO. Link to comment
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