H4 Spouse Apply H1B (2016) being India

[h1belephant]

H4 Spouse Apply H1B being India


Hi,
H4 Spouse is in India due to Medical reasons and Husband is applying for Spouse H1B - 2016 in being in US( Same time H4 Spouse continue in India 2016). Wife comes to USA in H4 Status before October 2016. After that, Wife H1B gets approved.

Does the Wife need to go back to India for Stamping H1B visa? Or Can her switch H4 – H1B while being in US and start working for the employer?


Thanks

[praveenvas]

H4 Spouse Apply H1B being India


Hi,
H4 Spouse is in India due to Medical reasons and Husband is applying for Spouse H1B - 2016 in being in US( Same time H4 Spouse continue in India 2016). Wife comes to USA in H4 Status before October 2016. After that, Wife H1B gets approved.

Does the Wife need to go back to India for Stamping H1B visa? Or Can her switch H4 – H1B while being in US and start working for the employer?


Thanks

Hi, In my opinion, h1B cannot be applied as COS (change of status) when the applicant (wife) is in India. This is because, there will be no valid I-94 once the person leaves the US. H1B can still be filed but only as Consular Processing (CP) which means that the applicant will have to get his/her visa stamped in India before he/she could start working in the US. She can always come back to the US on H4 as long as it is valid but has to travel back to India to get the H1 visa stamped when she decides to start working.