Applying for H1 but later traveling to US on H4

[gocool]

Hello,

Applying for H1 visa for my fiance who is currently in India but in between she will be applying and travelling to US on H4 in next couple of months i.e. end of April or May. If the H1 got approved later does she need to go back to India for visa interview in order to start working in usa?

Thanks in advance.

[raghvi]

Hello,

Applying for H1 visa for my fiance who is currently in India but in between she will be applying and travelling to US on H4 in next couple of months i.e. end of April or May. If the H1 got approved later does she need to go back to India for visa interview in order to start working in usa?

Thanks in advance.

As your spouse would be outside US at the time of application , H1 petition can only be applied as consular process. If this petition gets approved, in order for your spouse to work there are 3 options:

1. H4 to H1 Change Of Status has to be approved by USCIS
OR
2. an amendment with sufficient reasons need to be filed to the underlying H1 petition to convert from Consular to Change Of status
OR
3. third option, leave US, and return on H1 stamped visa.

The first two are at the discretion of USCIS. Third one is at the discretion of the Consulate/consular officer taking the interview.

This is my opinion not legal advice.