H4 to H1 in India

[SRL]

Hi,

I am in H4 visa valid till Sep 2013 and is planning to apply for H1B next year when the cap opens. Mean while I am planning to go back to India for some time. My spouse will apply for his H1-B extension in 2013. I am planning to return before Sep 2013. I need to know,

1) Can H1B be filed from US when I am in India ?
2) Will there be any issue if I travel back with my H1 filed and Spouse's H1-B extension applied but not expired ?

Thanks,
Sri

[kabkaba]

If H1 is filed while you are outside the US, it will not include change of status. You will have to separately do change of status before your can start working. (Either by petition amendment or by traveling and returning). Otherwise no problem.

When you return in H4 status, your spouse's H1 status should be valid at least for some time in the future.

[sams0506]

H4 to H1 or H1 to H4 Query

Hi Kabkaba -

My wife is in INDIA and her employer is processing her H1B now and she is waiting for the approval....On september 12, 2012 status is RFE, and her employer is going to respond for her RFE.

Now at this point of time can i file her H4 visa?

If i apply for H4 now at the time of her H1 visa processing, is there anything like her H1 will be cancelled?

Appreciate if you can let me know if H4 can be processed at the same time where H1 is getting processed already?

My idea is I will process her H4 now and let her come to US and same time her H1 will be getting processed from her employer, Once the petition is approved, i can do the change of status from H4 to H1 here in US. Is my opinion correct?

Appreciate all your earlier responses. Thanks much in advance....!

Regards,
Sam

[kabkaba]

If your spouse (H4) is outside of US, there is no status to extend, so nothing needs to be filed with your H1 petition. You are confusing things. Can you give the dates clearly? Your original post says 2013 and then you say 2012.

[sams0506]

H4 to h1 query

If your spouse (H4) is outside of US, there is no status to extend, so nothing needs to be filed with your H1 petition. You are confusing things. Can you give the dates clearly? Your original post says 2013 and then you say 2012.

Okie. The original post is a different query from other user.
Let me explain you clearly.
Currently my wife is working in India and her h1 got filed from her employer in India on may 14, 2012. And now she got an RFE for this petition on September 15, 2012. At present her employer is working on submitting the supporting docs to uscis as part of RFE.

I am planning to process her h4 visa for the first time now. So the question is:
1. if I process her h4 now, will it make any impact on her h1 which is under process now?

[kabkaba]

No, it will have not effect on the H1 petition. She can apply for her H4 Visa without any problem.

[sams0506]

No, it will have not effect on the H1 petition. She can apply for her H4 Visa without any problem.

Thanks a lot Kabkaba....! One more question is:

Once I do her H4 visa and bring her along with me to US, and once the H1 approves which is under process now, can she do the change of status from h4 to h1 without any issues? if so, when can she do the H1 stamping? (whether staming is required to join any job here?)

[kabkaba]

Yes, either will be possible