H4 to H1. Should I be physically present in USA while applying?

[sireeshaavvari]

Hi,



I currently have a H4 visa. But I'm in India now. I haven't been to US till now on this H4 visa. I want to apply for H1B this year. I want to know whether I need to be physically present in USA while applying (April 1st week). Can I have my sponsor apply for me from US, while I am in India?



The thing is I have a few things to sort out in India and would like to stay back until July or Aug.



Kindly advise.

[kadkhiq81]

H4 to H1. Should I be physically present in USA while applying?

No, You don't have to present in the US to apply for h1. Your application will be consider as a consular process.

you can apply for COS in the US from h4 to h1 once your h1 approved. You can travel on your h4 visa if it is valid in the month of June 2014 to avoid h1 stamping now however when you go out of country next time and would like to return in H1 status, You need to have H1 visa to enter in the country.

Hope this helps.

[raghvi]

To answer it more succinctly, if you want to apply for H1 and not attend visa stamping then its safer and advisable to be in US on another status and file H1 as a COS.

This is my opinion not legal advice

[kadkhiq81]

H4 to H1. Should I be physically present in USA while applying?

Thnxa Raghvi..