From B1/B2 to H1 - Should I leave the country before the I-129 is filed

[shankles]

Hi,
I have a valid ten year multiple tourist visa and am currently in the US. I entered the country on 29th Nov, so it is not yet sixty days since entry. I will be applying for an H1B visa, and currently my employer has filed for an LCA... which is expected to come through this coming Monday 1/24. After this, the employer will be filing the I-129 form.

The form clearly asks for information "if the beneficiary is in the U.S."... I will however, be going to the consulate in India to procure the H1B. My question is do I need to be out of the U.S when the I-129 is filed??

Thanks

[shervin143]

You don't need to be out of U.S when the H1B petition is filed. However, ask you employer to file the H1B as a consular process. A COS from B1/B2 is risky and you will end up having to answer a lot of question when you go for stamping the next time.