Do we need to present in US for H4 to H1 conversion

[pranavpatil0702]

I am working in California on H1B visa. My wife will come here in Mid April 2014 on H4 visa. I got call from consultancy to convert H4 to H1B. As per them , she need to be here on 1st April 2014. Can anyone please let me know, H4 visa holder need to be present in US on or before 1st April 2014. Can she submit document from India and come to USA on H4 visa somewhere in mid of April?

Thanks,
Pranav

[raghvi]

I am working in California on H1B visa. My wife will come here in Mid April 2014 on H4 visa. I got call from consultancy to convert H4 to H1B. As per them , she need to be here on 1st April 2014. Can anyone please let me know, H4 visa holder need to be present in US on or before 1st April 2014. Can she submit document from India and come to USA on H4 visa somewhere in mid of April?

Thanks,
Pranav

The reason is simple. If the employee is not present in US while the petition is filed, it cannot be filed as COS but as Consular Process. Now, all the companies are in rush to file H1 as last year the cap got filled in first week of April itself. So if your spouse if not in US much before 01-April-2014 the employer would not be able to file a COS to H1, and would need to file a Consular process H1 which will require your spouse to attend H1 interview at the consulate in order to be able to move to H1.

If she submits document from abroad it can only be filed as consular process not as COS.

This is my opinion not legal advice.