H4 to H1B Query

[Phaniraj]

Hi

I am applying for a H1B for my spouse who is on H4. Is it true that an applicant on H4 cannot work after getting an H1B approval if he or she is not in the US at the time of H1B filing?

Regards,
Phani

[C4us]

You may not apply for and H1B for your spouse. Your spouse must find an employer in need of his/her skills who will then file for him/her.

If your spouse receives H1B approval, he/she may have received an I94 with H1B status and date; if this occurs, he.she must begin work on that date with the sponsoring company.

If the approval is not a COS from H4 to H1B, he/she must go for consular processing. If they are not in states during filing, there could be no COS approved.

Your spouse may not begin working before the I94 date or Oct 1 2008 at the earliest (unless for non-cap employer).