H4 to H1

[azuma214]

Hi,

I applied h1b in April 2013 from India.

I got married in July 2013 and came to USA on H4 while H1 is pending.

My H1 is approved and there is no I-94 record in form I-179.

Question:- Do I need to get Visa stamping before I join work. If yes do I need to go to India for stamping or can I go to Canada for VISA stamping?

My bachelors is from India.

Thank you folks for giving support .

[raghvi]

Hi,

I applied h1b in April 2013 from India.

I got married in July 2013 and came to USA on H4 while H1 is pending.

My H1 is approved and there is no I-94 record in form I-179.

Question:- Do I need to get Visa stamping before I join work. If yes do I need to go to India for stamping or can I go to Canada for VISA stamping?

My bachelors is from India.

Thank you folks for giving support .

Your H1 was approved as consular process as at the time of application you were out of US. But any employer can file a H4 to H1 as COS (Change of Status) for you using the approved petition details. If COS is approved you can and must start working with the employer no need to go for stamping. As and when you leave US next time, you can go for H1 stamping if you want to re enter on H1. First time H1 stamping has to be from home country in one doesnt have any further education in US.

This is my opinion not legal advice