H4 to H1B

Hi, My wife went to India on March 2013 and will be back on 15th April 2013. I want to apply H4 to H1B for her. But she don't have I-94 as she is in india. She got her H4b stamped and valid till dec 2013. Please advise can I apply her H1B from USA without providing I-94 and give the information with updated I-94 once she is back on April 15th,. We don't want to wait till that time as the cap is anticipated to reach by 2nd week of april. Appreciate the response!

Ellicott City, MD -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

A potential employer can file an H-1B petition for her, but since she is not in the U.S., they cannot file a change of status for her.

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

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

First of all YOU can't file an H-1B for her. Only a prospective employer can sign the I-129H.

No offense, but you seem to be clearly confused as to the process (eg: an I-94 isn't required).

I strongly suggest you let the employer's immigration lawyer handle things.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
J. Thomas Smith Ph.D.

J. Thomas Smith Ph.D.

Immigration Attorney - Houston, TX
Answered

I agree with Attorney Shusterman.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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