Change of status from H4 to H1..in India while filing H1b

USA H1B Visa
1

Hi All,

My wife was in US on H4 visa for quiet sometime, however she is currently in India and will be applying for H1B from India itself.

She is planning to come back to US in July on H4 visa.

Once she gets H1B approval, can she do Change of Status within US or she must have to goto India for H1b stamping and come back.

I read in few forums that if we are within US while filing, change of status is automatically done with approval.

However what in this case now?

Kindly advice.

Thanks,

Alpesh

2

Lets understand the FUNDAMENTAL meaning of Change of Status.

You have to be in ONE STATUS INSIDE USA to apply for Change Of Status.

In otherwords, you cant call any process as Change of Status which you have iniated while being outsider of US.

Having said that, She can come to US on H4 status any time. If she is inside US AFTER Oct 1st of 2015, after arriving, she can apply for her change of status from H4 to H1. At that time, she doesnt need a H1 stamping to work. She can continue to live in US on her changed H1 status.