H1 applied in India while in US on H4


I would be travelling to USA in January 2014. My wife also works for the same employer and her H1B would be filed next year in 2014 April. However she is planning to travel with me in H4B by taking leave from the empoloyer for a period of 3 months from March, 2014 to June 2014. After that she plans to come back, join work and hopefully if the H1B gets approved then she would join me back in H1B in October,2014 in US.

My question is

  1. Is this possible to apply for H1B when she is in H4B visa in USA?

  2. Will a COS have to be filed in that case?

  3. Can she return back in the meantime in June before the petition gets approved?

Please advise.

Thanks and regards,


Hi Saurabh,

Please help. We need to get a response urgently.

Thanks and regards,