Applying H1 from india and travelling to US first time on a prior H4 visa


I want to know the consequences of my case .

I may not travel to US before April 2015 so have to apply H1 from India itself. So whiley h1 is in process , can I travel to US with my H4 visa?
What happens after my H1 gets approved while am on h4 in Us but H1 was done from India. ?

Does it automatically get converted from h4 to h1 ? Can I start working from October directly with I797 ? Stamping is reqd only if I move out of country like the case for h1s that are applied from US for h4s ?

Or Any additional fees or going out country for stamping reqd because i entered on h4?
Please help.


You can enter on H4 visa after Arpil 2015.

for your case, you will not have I 94 card ( H4 entry ) while applying fresh H1. Once your H1B petition gets approved, your status will not get automatically changed to H1.

You have two options after H1B approval

  1. You employer need to file Change of status after H1B approval. ( Easy option)

  2. You need to leave US for H1B stamping and enter on H1B visa ( This option involve risk of 221g administrative process )
    If you come prior to April 2015, change of status can be applied with H1B petition. ( As person will have H4 I- 94 details) . Your status will get automatically change to H1 in this case. Your H1B petition will have new I 94 ( H1B).

This is my opinion only.



Thank you so much Pranav.

  1. What wd be the approx fee for this change of status.? Is it sure shot to change the status without any risk ? So does this process happen in US in general.

  2. can I appear for stamping in Canada or other and not in India. Or same 221g risk is involved ?

I am more interested in ur first option itself but just want to know the success rate, fees and timelines.
Please reply.


  1. You don’t have to worry about fees of change of status. That need to be paid by employer and not by you. If employer is asking any kind of money , stay away from such employers. Please check glassdoor reviews before moving forward.
    Such employer may not have enough clients and positions and chances of H1B stamping are very less with them.
    Success rate of both change of status and H1B stamping depend on supporting documents.
    e.g. 1. Client letter 2. MSA( Master Service Agreements) 3. Project related documents 3. Employee-employer relationship 4. Right to control employee.
    Usually COS process takes 2-3 months, but u can go to premium process where u will get to know decision in 2 weeks. Premium process involve additional $1200 fees.

  2. Do not prefer stamping in Canada or Mexico unless you have any US degree.
    Chances of 221 g cant be predicted.