Applying H1b for my wife, while she is in H4 and not yet travelled to US

[deepraje]

Hi All,

Am planning to process H1b visa for my wife, she is currently in H4 and not yet traveled to US.
Is it a requirement that, by the time of submitting the H1b application ( i.e by April I week 2016 ), she should be in US ?

Can she travel to US in H4 visa , after her H1b visa application is submitted . Please provide this information.
Thank you so much for your time and effort.

Thanks & Regards,
Deepan

[raghvi]

Hi All,

Am planning to process H1b visa for my wife, she is currently in H4 and not yet traveled to US.
Is it a requirement that, by the time of submitting the H1b application ( i.e by April I week 2016 ), she should be in US ?

Can she travel to US in H4 visa , after her H1b visa application is submitted . Please provide this information.
Thank you so much for your time and effort.

Thanks & Regards,
Deepan

The advantage of filing H1 while she is in US in H4 is that the employer can H1 as COS, otherwise, if she is not here, the H1 gets filed as consular process , and subsequently an amendment wold have to be filed to convert her H1 to COS, or she would have to go out of US and re enter with H1 stamping in order to move to H1 status and work.

This is my opinion not legal advice.