can a H1B be progressed in USA when the petetion is made in India

[chikunam]

I am in US right now on H1B. my wife is in India and her company is progressing her H1 application for the window of April 2014. however because of some reasons she will have to go on LOP and visit US on H4 (she has H4). can she still get her H1B stamped in USA (if her applicatoion gets selected on lottery, applied in India). if yes what is that we need to ask her company to do. is there specific request that the company need to put in with USCIS so that she can get the visa in USA itself without travelling back to india.

Please help with the process.

thanks.

[raghvi]

I am in US right now on H1B. my wife is in India and her company is progressing her H1 application for the window of April 2014. however because of some reasons she will have to go on LOP and visit US on H4 (she has H4). can she still get her H1B stamped in USA (if her applicatoion gets selected on lottery, applied in India). if yes what is that we need to ask her company to do. is there specific request that the company need to put in with USCIS so that she can get the visa in USA itself without travelling back to india.

Please help with the process.

thanks.

One cannot get H1 stamping done in US. If H1 petition approved, the company would have to apply a Change of Status once she is in US.

This is my opinion not legal advice.