H4 to H1

[vsk417]

I am currently working in India.I have valid H4 visa.My husband is in US on H1B Visa.i never travelled to US till now.

 

One employer in US,applied for my H1B this year under cap.My application was picked up in lottery.I don't want to go to Consulate for stamping,as it is risky and i have to start all over again next year if not stamped in India.So now I am in confusion what is best option for me.

 

1.Shall I come on H4 Visa BEFORE my H1 is approved by uscis  and later convert my H4 to H1 while I am in US? 

 

2.Will I be asked to go back to India or out of US to get my H1B stamped ?

 

3.Shall I come on H4 Visa AFTER my H1 is approved by uscis and later convert my H4 to H1 while I am in US?

 

4.Is there any difference between coming to US  on H4 ,BEFORE and AFTER approval of H1 (not stamping) ?

[jairichi]

 

I am currently working in India.I have valid H4 visa.My husband is in US on H1B Visa.i never travelled to US till now.

 

One employer in US,applied for my H1B this year under cap.My application was picked up in lottery.I don't want to go to Consulate for stamping,as it is risky and i have to start all over again next year if not stamped in India.So now I am in confusion what is best option for me.

 

1.Shall I come on H4 Visa BEFORE my H1 is approved by uscis  and later convert my H4 to H1 while I am in US? 

 

2.Will I be asked to go back to India or out of US to get my H1B stamped ?

 

3.Shall I come on H4 Visa AFTER my H1 is approved by uscis and later convert my H4 to H1 while I am in US?

 

4.Is there any difference between coming to US  on H4 ,BEFORE and AFTER approval of H1 (not stamping) ?

 

Why are you so afraid of visa stamping?

1. Yes you can. But, to move to H1B from Oct 1st your employer has to file a change of status from H4 to H1B and pay H1B fee again. No sane employer would be willing to pay H1B fee twice.

2. You might have to as your I797 will not have an I94 attached.

3. Refer 1.

4. No difference.