Does filing for fresh H1 while I am in India (already has H4 but not traveled to US)

[vsk417]

Does filing for fresh H1 while I am in India (already has H4 but not traveled to US) has any impact on my H1 APPROVAL/Lottery and consequent stamping in Consulate ?

I have people telling me that filing H1 from US and COS from H4 has more success rate then filing H1 when person is in India and going through consular processing? Is that true?

I was under the impression that Lottery and Petition approval will go through the same PROCEDURE and TIME irrespective of person is in US or India for fresh H1 ? Correct?

Is there any specific advantage or edge for people filing H1 in US on H4 for cos? (except the additional step of attending to consulate for stamping)

[raghvi]

Does filing for fresh H1 while I am in India (already has H4 but not traveled to US) has any impact on my H1 APPROVAL/Lottery and consequent stamping in Consulate ?

I have people telling me that filing H1 from US and COS from H4 has more success rate then filing H1 when person is in India and going through consular processing? Is that true?

I was under the impression that Lottery and Petition approval will go through the same PROCEDURE and TIME irrespective of person is in US or India for fresh H1 ? Correct?

Is there any specific advantage or edge for people filing H1 in US on H4 for cos? (except the additional step of attending to consulate for stamping)

The US Consulates globally approved over 330,000 H1/H4 visas (fresh as well as extensions/renewal) in 2012 so the statement that success rate of H1 filing while in US is higher doesnt seem to hold much weight.
I dont think it matters much to USCIS if H1 approved in US or to Consular officers if approving at the consulate. You are right, lottery, if any, and petition approval through USCIS, follows the same procedure and time irrespective if person is in US or in India..

The only "advantage" I can think of is from the employer's point of view in doing a COS. In a COS the employer has more direct control over the papers and petition documentation, for example some, not all, but some employers would not give the approval notice to the employee...even after H1 approval is done to prevent them from shifting to another employer....While if you go for stamping at a consulate, they would need to provide all the documents to you upfront and you can potentially use those to transfer the petition to another employer.....Also, they avoid the risk of employee not being able to handle the interview at the consulate, after all, a good attorney and experienced immigration team can certainly prepare a better documentation for a COS than a employee can while talking tensely to the officer at the consulate...

This is my opinion not legal advice.