H1B for spouse....

[vishalmodak]

Hi..

I am planning to apply the H1B visa for my spouse who is on H4 currently.

Does she have to be in US when the her H1B application is being filed...?
She might be going to India from Feb to April 2009.

Can you please help me out...? Thanks.

Regards,
Vishal

 

[kabkaba]

Only employers can file for H1 neither you nor her. As you are on H1 you know the process. Whether they file for consular processing or change of status depends on whether she is in the US or not.

 

[ginnu]

Hi..

I am planning to apply the H1B visa for my spouse who is on H4 currently.

Does she have to be in US when the her H1B application is being filed...?
She might be going to India from Feb to April 2009.

Can you please help me out...? Thanks.

Regards,
Vishal

Only US employer can file H1. I don’t know if you are US employer.
If she is in US on H4 status with valid I-94 and her spouse on valid on H1 status then US employer can file H4 to H1 change of status.
If she is out of US then employer can file H1 for her if she qualify for H1.