h4 to h1 conversion

[303020484]

Hi All,

could you please suggest me on the below query.

I am in India now and have active H4 visa.
I might leave to US with my husband by April month end, however I would like to file my H1 & submit all my documents in next one week in order to get the filing done in first week of April. In this scenario, if I get the H1 WP while I am in US then do I need to go out-side US (Canada/Mexico or India??) and get the H1 stamping done to start the work?

Thanks in advance

Regards,
XYZ

[Subramanya]

H1 and H4 issues

could you please suggest me on the below query.

I am in India now and have active H4 visa.
I might leave to US with my husband by April month end, however I would like to file my H1 & submit all my documents in next one week in order to get the filing done in first week of April. In this scenario, if I get the H1 WP while I am in US then do I need to go out-side US (Canada/Mexico or India??) and get the H1 stamping done to start the work?

---- After coming to the US you can apply for a Change of Status (COS) on receipt of H1. However, this may not be approved as your initial application did not apply for COS. In all probability you may have to go back to India for H1 Visa stamp on your Passport. Going to Mexico/Canada will be a speculative proposition as you have to proceed to India if your visa appplication is not entertained there

Subramanya

[leifbooger]

You may want to enter the US first and then apply for Change of status to H1. If you do so, you can start working in Dec without an H1b stamping on your passport. Ask your husband to prepone your trip to April first week. File for your H1 as soon as you arrive here.