Hi I am currently residing in US on a dependent H4 visa. An employer is willing to file my H1 for the 2015 cap but due to unavoidable circumstances I need to return to India. this means that my h1B petition will be filed when I am in India. My question is since I already have a h4 stamped visa will I be able to return to US sometime in May or June 2014 when my h1b petition is still being processed and upon approval, apply for a change of status to H1 without appwaring for consular processing? Appreciate your response.
