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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

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Attorney answers 4

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

why I am not allowed into US before September 20,2013?

Asker

Posted

Can't I come back to US on my H4 status in june,2013 as I have a valid H4 stamping till September30th 2013

F. J. Capriotti III

F. J. Capriotti III

Posted

Maybe. Talk to the immigration attorney working on the H-1B ... to learn about the problems/complications of switching from H-4 to H-1B while you are inside of the US.

Posted

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: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

Posted

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.

Asker

Posted

my employer will file for H1-B in US only,but my presence in US is required or not at the time of filing? I will be in INDIA from March 2nd week to june . when I come back in June , can I come back in H4 status itself or need to wait till october to get the new H!-B stamping done to come back to US?

Posted

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.

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