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??