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) ?

[raghvi]

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) ?

You cannot simply come to US on H4 and start working from next day.

As your H1 was filed while you were outside US then it is being processed and, if approved, would be approved as Consular process. So whether you come to US before or after H1 approval is immaterial. Also, as you would not be going for H1 stamping and entering US on H4 visa, you would have to file an H1 amendment from Consular Process to Change Of Status that is file H4 to h1 COS. And only after COS approval you would be able to work . Now whether H4 to H1 COS is approved depends upon USCIS.


This is my opinion not legal advice.