Wife on H4 in India. Can She apply for H1B being in India

[venkattavva]

Hi,

My wife is in India on h4 Visa rughtnoe and she is coming back in the third week of April to United States.
She is planning to apply for H1B this year (2014). Does she needs to be in United States before April 1st ?
Will there be any issues ?

Thanks in advance.

Thanks,

[raghvi]

Hi,

My wife is in India on h4 Visa rughtnoe and she is coming back in the third week of April to United States.
She is planning to apply for H1B this year (2014). Does she needs to be in United States before April 1st ?
Will there be any issues ?

Thanks in advance.

Thanks,

If she is not in US at the time of application, the application will be processed as Consular Process. In approved as Consular Process, in order to subsequently move to H1 her employer will have to file a Change Of Status OR she will have to leave US, attend H1 interview abroad, and re enter on the new H1 visa.

This is my opinion not legal advice.

[venkattavva]

Hi,

Thanks for the information.
What is consular processing ?
If she is here before April 1st for her H1B application, doesnt the employer need to apply for COS anyway once her H1B gets approved (h4 to h1b transfer) ?

Thanks,