I am in H-4 status and wish to go to India for a few months. A company is going to sponsor me for an H1B position for this year’s lottery. Do I need to come back to the U.S. before the H1B is filed?


It is possible to file an H1B petition for a person who is abroad, but it would have to be filed for consular processing – meaning that changing to H1B status would require getting an H1B visa “stamp” at the consulate and entering in that status. Therefore, it would likely be best to return in time for the H1B filing. That would allow the case to be processed as a change of status in the U.S. (25.Jan.2016)

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