Filing a new H1B as a H4 dependent - Is it easy from India or from the US

Hi,

My wife has got her H1B approved and i will be going on a H4 dependent with her.

I have 6.5 yrs of exp in dotnet 

I have a few queries on the conversion of H4 to H1.

(1) If i land in the US on a H4 and file for a fresh H1 and if it gets approved, would i need to come down to India

for H1B stamping or can i start working directly(or is the stamping required only if i travel to India again) ? 

(2) which is easier Filing a fresh H1 as a H4 dependent or filing a fresh H1 from India ?

(3)As a H4 dependent can i file for a fresh H1 in the US , then come back to India and once its approved

can i re enter as a H4 and get a change of status in the US to H1B? (this way i can keep my job in india intact )
	I have a few queries on the conversion of H4 to H1.

	(1) If i land in the US on a H4 and file for a fresh H1 and if it gets approved, would i need to come down to India

	for H1B stamping or can i start working directly(or is the stamping required only if i travel to India again) If you file for a H1-B visa with COS as opposed to consular processing while you are in the US your status will change to H1-b. You do not need a visa for staying in the US, you need to maintain status. These are related but distinct. 

	 

	(2) which is easier Filing a fresh H1 as a H4 dependent or filing a fresh H1 from India ?

	Both of these options require you to have a employer willing to sponsor your H1 petition. There are other factors like the sponsor, nature of employment which will make it more difficult at a consulate. But it's not possible to comment on this without further information. 

	 

	(3)As a H4 dependent can i file for a fresh H1 in the US , then come back to India and once its approved can i re enter as a H4 and get a change of status in the US to H1B? (this way i can keep my job in india intact )

	You can file a H1-b with consular processing and return to India. You can re-enter on H4 as long as the H1-b is not approved. If it is approved you will need a H1-b visa to enter the US and work. If you enter on a H4 after your H1-b is approved your status changes to H4 and any work will be unauthorized. 

	
	If you enter before the H1-b is approved and consular processing petition is subsequently approved you may be able to apply for a H1-b COS in US from H4. 
	 



	
		[h1b-filing](http://redbus2us.com/qa/tag/h1b-filing)
	 
	
		[h4](http://redbus2us.com/qa/tag/h4)

Thanks a ton … so to summarize can we say that approval of a fresh H1B for a H4 dependent is lot easier when filed from the US than filing it from India ?
your reply has made our decision making a lot simpler. Thanks again