I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer

While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called “consular processing”). If the case is filed for consular notification, the USCIS will not approve it with an I-94. Instead, after it is approved, the beneficiary would need to go to a U.S. consulate and obtain an H1B visa “stamp” in order to be admitted in H1B status. (06.Apr.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved