Filing H1 on H4 status - Travel to US recommended?

Hi,

My wife is in the USA on valid H1B stamped last year.

I will be filing for fresh H1B in this year’s quota/lottery. I have not yet got the H4 stamped for me.

If application clears lottery and petition is approved, we would like to avoid consular stamping in India ( just to avoid that chance of rejection at stamping stage).

Given this -

  1. Is it correct that consular stamping for H1 can be avoided by going for H4 to H1 COS after the petition is approved?

  2. Is it required that I have to be in USA on H4 status during the filing of H1 in Mar/Apr 2015, so that I can apply for a COS later on if H1 petition is approved?

2(a) If so can I return back to India after filing H1 and continue working in India till H1B petition is approved?

2(b) If I return to India, at what stage in the H1B process do I need to be in USA to apply for a H4 to H1 COS instead of consular stamping ?

  1. Is a H4 TO H1 COS possible in the following scenario -

File H1B petition through a sponsor in USA while staying in India ( without H4 stamped).

Once H1B petition is filed, go for the H4 stamping.

If H1B petition clears the lottery, travel to USA on H4 status

Once H1B petition is approved, go for a H4 to H1 CoS and start working from Oct-2015.

  1. No, you need to go for stamping even if its COS. Visa is an entry document to a country. Work permit is your entitlement to work.

  2. No, you can be outside US but it won’t be COS in that case.

2a. Yes

2b. COS will be decided while applying H4 to H1

  1. File H1B petition through a sponsor in USA while staying in India ( without H4 stamped)

Yes

Once H1B petition is filed, go for the H4 stamping

Possible

If H1B petition clears the lottery, travel to USA on H4 status

Possible

Once H1B petition is approved, go for a H4 to H1 CoS and start working from Oct-2015.

I’m not sure but think its possible.

Thanks lionking

I think I might not have conveyed my query clear.

  1. If I am present in USA on H4 , and then H1 petition is approved, is it required to go out of USA and return back with a stamping on H1 to start working from 1-Oct? Doesn’t the CoS(H4 to H1) take care of me having a valid status to start working?

Question 3 wan’t meant to be 3 different scenarios, rather 3 sentences describing a scenario.

  1. Is a H4 TO H1 COS possible in the following scenario -

Step 1- File H1B petition through a sponsor in USA while staying in India ( without H4 stamped).
Step 2 - Once H1B petition is filed, go for the H4 stamping.
Step3 - If H1B petition clears the lottery, travel to USA on H4 status

From your answers to Question 2 , it seems this scenario is not possible as one needs to be on H4 in USA at petition filing stage to avail of the H4-H1 CoS later on if H1 petition is approved.

  1. COS will be effective after H4 to H1. It is not mandatory have it stamped on passport to begin working if you are within US.
  2. It is possible. You don’t have to wait till H1 approval or lottery. You can get H4 stamped and travel.