H4 to H1B visa conversion

[psanap]

Hi,

My wife is going for H4 visa stamping in Mumbai consulate. she is currently working in India & notice period is 2 months after resignation.My question is after getting stamping her H4 visa can we change her status from H4 to H1B from India only because H1B quota for this year is going to be over soon & we can not wait for her arrival into US & changing her status from H4 to H1B.so is it possible to change status from H4 to H1B if candidate is in India?Please help.

[shervin143]

"Status" is something that is applicable only when you are inside U.S. However, if you are worried about the CAP, then any employer can file a H1B petition on her behalf as a consular process (When a person is outside U.S, the H1B can be filed only for consular process). When the petition gets approved, she can get the H1B stamped and enter U.S in H1B visa and H1B petition. Alternatively, she can enter U.S in H4 visa and then file a COS from H4 to H1B and when that gets approved, she can work for the sponsor.