when is the better time to apply foe h1

[anjali19]

Hi there,

I am from India.I have a B1/B2 visitor visa and my fiance has a green card.so far we have enquired for all options and most of them looks like a long process,
like if we file I-130 its going to take minimum 2-3 yrs for us to live together.so finally we are thinking about some other options.
well the good point is i have someone to sponsor for my H-1.but we are not sure about my chances of getting h1.

so now my questions are..

1. can i go to USA on a visitor visa and can i apply for H1 from there?? Is it good to do that??
I know If I get H1 i have to come back and stamp it in India.
but is it good to apply while I m in USA??

2.how it will affect if we first apply for my I-130 and then in the meantime [waiting period] we also apply for my H1. can i do so?? what are the chances of getting h1 when my I-130 petition is already in the process.

[shervin143]

1. can i go to USA on a visitor visa and can i apply for H1 from there?? Is it good to do that??
I know If I get H1 i have to come back and stamp it in India.
but is it good to apply while I m in USA??
>>> It is never advisable to file a COS from B1/B2 to H1B. You can file the H1B for consular process when you are in U.S in B1/B2, but not a COS. When the petition gets approved for consular process (without a new I-94), in order for you to work in H1B status, you need to get the visa stamped and re-enter in H1B visa.

2.how it will affect if we first apply for my I-130 and then in the meantime [waiting period] we also apply for my H1. can i do so?? what are the chances of getting h1 when my I-130 petition is already in the process.
>>> If you haven't filed I-130 yet, then advisable to file the H1B petition first, get the visa stamped, enter U.S and then file I-130.