Can H1 be filed for a person on H4 and ouside US

[venkchag]

Hi,

My wife is on H4 and she is currently in India for a vacation and will be back in June 2017. When I checked with a consultant company to file H1B for her, they told she has to be physically in the USA before March 31st. Please let me know if this is correct. Cant they file H1B when she is not in US.

Appreciate your suggestions.

[raghvi]

Hi,

My wife is on H4 and she is currently in India for a vacation and will be back in June 2017. When I checked with a consultant company to file H1B for her, they told she has to be physically in the USA before March 31st. Please let me know if this is correct. Cant they file H1B when she is not in US.

Appreciate your suggestions.

They can file it as a Change of Status only if she is in US, otherwise they have to file it as Consular process.

This is my opinion not legal advice.

[rajm6344]

I believe it's not required. However depends on employer to employer .

I applied my wife H1 visa when she's outside of US and reached to US on 1st/2nd April.