H4 and H1B filing in parallel - is it possible?

[Vishnunairtvm]

I am traveling to US on H1B in another month. My wife's H1B petition (never stamped as she dint travel yet) sponsored by an Indian company got expired 2 months back. Her company has agreed to give her 6 months leave so that she can travel with me on H4 and it seems her company is checking the feasibility of filing a cap exempt H1B.

Question is - Legally is there any blockers for her company to file a cap exempt H1B from India when she is in US on H4? Is the H1B processing possible from India when she is already in US on H4? Once she has the H1B is it absolutely necessary for her to return to India for stamping of H1B or a COS in US itself would suffice?

Regards,
Vishnu.

[raghvi]

I am traveling to US on H1B in another month. My wife's H1B petition (never stamped as she dint travel yet) sponsored by an Indian company got expired 2 months back. Her company has agreed to give her 6 months leave so that she can travel with me on H4 and it seems her company is checking the feasibility of filing a cap exempt H1B.

Question is - Legally is there any blockers for her company to file a cap exempt H1B from India when she is in US on H4? Is the H1B processing possible from India when she is already in US on H4? Once she has the H1B is it absolutely necessary for her to return to India for stamping of H1B or a COS in US itself would suffice?

Regards,
Vishnu.

No issues. She can travel on H4,. And a COS to H1 is possible within US.

This is my opinion not legal advice.

[Vishnunairtvm]

No issues. She can travel on H4,. And a COS to H1 is possible within US.

This is my opinion not legal advice.

Thanks for the response Raghvi. But her sponsor company in India has now come back saying that cap exempt H1B is not possible along with H4 when she is in US (they say if it was normal H1B it would have been possible) - is it so?

Regards,
Vishnu.