Can one apply H1 when traveling on H4?

[coria]

Hi, if one travels to US on H4 as her husband's dependent, can her employer file H1 petition during her leave? Suppose the employer can keep her job during her H4 traveling.

Thanks.

[shervin143]

Possible. The employer can also wait until you reach U.S in H4 status and then file the H1B as a COS from H4. That way, the H1B (if approved) will come with a new I-94 and you can start working as of the H1B effective date without the need to get the H1B visa stamped.

[coria]

Thanks shervin!

Possible. The employer can also wait until you reach U.S in H4 status and then file the H1B as a COS from H4. That way, the H1B (if approved) will come with a new I-94 and you can start working as of the H1B effective date without the need to get the H1B visa stamped.

[coria]

Hi Shervin, if the company file the H1B as a COS from H4, will this H1 be counted against the H1B cap? Thanks!

If anyone knows the answer, please help to let me know, thanks a lot! A little urgent...

Possible. The employer can also wait until you reach U.S in H4 status and then file the H1B as a COS from H4. That way, the H1B (if approved) will come with a new I-94 and you can start working as of the H1B effective date without the need to get the H1B visa stamped.

[shervin143]

Yes. Your H1B petition will be subjected to CAP irrespective of whether it is filed as a COS or Consular process.

Hi Shervin, if the company file the H1B as a COS from H4, will this H1 be counted against the H1B cap? Thanks!

If anyone knows the answer, please help to let me know, thanks a lot! A little urgent...