Travel to USA on H4 visa while H1b is processing

[satya_anony]

Hi,

I am in USA on H1b visa. My spouse is in india, her H1b petition was filed when she was in India, petition is picked up in lottery, but it is not yet approved.
My query is :
1) Whether she can enter to USA on H4 visa ?
2) If she comes in USA on H4 visa, whether change of status for H4 to H1b can be applied from USA ?
or she has to go back to india for H1b stamping before starting the work in USA ?

[shervin143]

1) Whether she can enter to USA on H4 visa ?
>>> If she has a H4 visa, then yes.

2) If she comes in USA on H4 visa, whether change of status for H4 to H1b can be applied from USA ?
>>> Possible, but it will cost the employer to file the COS from H4 to H1B.

or she has to go back to india for H1b stamping before starting the work in USA ?
>>> Not necessary. If the employer is not willing to file the COS, then she will need to leave the country, get the H1B visa stamped and return back in H1B visa.