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

[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?

[raghvi]

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 it is possible if they are willing.
2. Yes.

The issue is that the "company in US" seems to be a consultancy, and they generally find it easier to get an approval if filed as H4 to H1 COS (while you are in US) rather than H1 as consular process and they get scrutinized less too.

This is my opinion not legal advice.

[vsk417]

1. Yes it is possible if they are willing.
2. Yes.

The issue is that the "company in US" seems to be a consultancy, and they generally find it easier to get an approval if filed as H4 to H1 COS (while you are in US) rather than H1 as consular process and they get scrutinized less too.

This is my opinion not legal advice.

Thanks Raghvi.

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? (except the additional step of attending to consulate for stamping)

[raghvi]

http://www.immihelp.com/forum/showthread.php/119863-Does-filing-for-fresh-H1-while-I-am-in-India-(already-has-H4-but-not-traveled-to-US)