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H4 & H1 COS - need clarification - plz help

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  • H4 & H1 COS - need clarification - plz help

    My husband is in US on H1b. I would like to work in US, still didn't go there from India. As per my knowledge many employer start finalizing candidates for h1b processing by January.

    1) If I apply for H4 here(India) first & with out traveling to US, can I apply H1b separately later from a employer from India or US. If this is feasible do they(employer) need to apply Change of Status(COS) from H4 to H1 in April or do I need to inform in January only?

    2) If I apply for H4 here, do I need to visit US at least once? Then only they can change from H4 to H1(COS)? How to approach the employer on this?

    3) With out COS, can I apply H1b separately & H4 separately in parallel?

    Please clarify?

  • #2
    Originally posted by ricky12 View Post
    My husband is in US on H1b. I would like to work in US, still didn't go there from India. As per my knowledge many employer start finalizing candidates for h1b processing by January.

    1) If I apply for H4 here(India) first & with out traveling to US, can I apply H1b separately later from a employer from India or US. If this is feasible do they(employer) need to apply Change of Status(COS) from H4 to H1 in April or do I need to inform in January only?

    2) If I apply for H4 here, do I need to visit US at least once? Then only they can change from H4 to H1(COS)? How to approach the employer on this?

    3) With out COS, can I apply H1b separately & H4 separately in parallel?

    Please clarify?
    1. Yes it is possible. COS can only be applied while in US. Outside US its always consular process, that is, you would need to attend visa stamping.
    2. From an employer's point of vies a COS is generally easier than attending visa stamping. So if you apply H4 then in order to apply H1 as COS , yes you would have to be first in US on H4 visa.
    3. Yes, but do understand that the earliest you can enter US on H1 is End of Sep 2015, provided you get through the H1 process and get an approved petition.

    This is my opinion not legal advice.

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