Can I apply for 4 to 1 visa staying in India ?

Asked over 1 year ago - San Jose, CA

I am on 4 visa now , and going to India in this week . I am planning to file for 1 - B visa this April and found an employer also who can process my 1 - B . so should I be present in US while my process is being done or is it OK if I will be outside of US also

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . If you want to change status, you have to do so in the US.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Although you left out the proper visa 'letter' I will assume you are talking about H-1B and H-4 visa classifications.

    Yes, not only is it possible for your future employer to get an approval for H-1B while you are in India, it is preferable, from a US government standpoint.

    One thing to keep in mind, you won't be allowed into the US before September 20, 2013.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . In either scenario your presence here is not required. H1B is sought by an employer and b1 you cannot get inside the US anyway, you need to do it at the consulate.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  4. Tripti Sharad Sharma

    Contributor Level 19

    1

    Lawyer agrees

    Answered . H-1B employer can petition while you are here in the U.S. or seek consular process if you are abroad.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,912 answers this week

3,240 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,912 answers this week

3,240 attorneys answering