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

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. 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.

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  2. 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.

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  3. 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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.