File for H1 from India or on H4 status?

My Husband received his H1 approval a few days back and is yet to go for Stamping.

I hve been working in India for past 12 yrs in IT and looking at ways to get an H1 sponsor for myself in 2015.

I understand the lottery,RFE and other processes, but never put my head into related things and hence these queries.

I have following questions:

Which among the following options is better considering that am looking for sponsors for my H1 in 2015 quota

  1. Stay in India and apply through some consultants in India.

  2. Have H4 stamping done, NOT be present in US physically(ie stay in India) BUT apply for H1 through some consultants.

  3. Be physically present in US on H4 and apply for H1 though US consultants. In this case am I allowed to travel to india while being on H4?

Pls let me know if its easier (have more companies ready to sponser my H1) to be in present in US and apply for a H1 from there as compared to being in India.

Awaiting response…


There is virtually no difference between Option1 & 2. Option 2 is little better because, in case you change your mind sometime and want to travel to US to join your husband there, that option will always be open.

For option 3, yes you would be allowed to travel back from US to India. But if you travel during H4 to H1 Chage of Status (COS) application process, then COS will be abunduned, so if you want to come back to US in H1, then you must go for stamping again.

But if you don’t mind being in H4 (i.e. not authorized to work) in US, then it would be definitely easy for you to find an employer staying in US.

P.S. This is not a legal advice.