h4 stamping after h1b is approved

[van1234]

Right now I am on H4 and currently staying in India . I have applied for H1B this year.

I left USA after applying for H1B. (left USA on Feb 2014)

Though my application cleared lottery, but my final H1 approval is pending.

Based on the assumption that my  H1 will be  approved, I would like to know the below cases.

 

I am planning to return to USA on Jan 2015 preferably on H4. After coming back I will be applying for Change of Status from H4 to H1.

My current H4 visa stamping ends on Sep 2014. I have h4 extension approval notice till 2016.

1. Can I go for H4 stamping after my H1 gets approved ? sometime on Nov or Dec 2014 ?

2. Presently my H1 case is pending, is it fine to go for H4 stamping now ?

 

 

[jairichi]

In India you are not maintaining H4 status. And, COS from H4 to H1B has to be filed by employer and employer has to pay H1B fee again.

1. Yes. You will need a copy of your spouse's I797.

2. Yes.

[van1234]

Thanks. 

[krs_ravis]

Hello Jairichi,

Do you think the best option is 

1. after H1B approved, she can go for stamping and then travel to US

2. If H1B is rejected, then she can go for stamping for H4 and then travel to US.

 

 

In India you are not maintaining H4 status. And, COS from H4 to H1B has to be filed by employer and employer has to pay H1B fee again.

1. Yes. You will need a copy of your spouse's I797.

2. Yes.

[jairichi]

Hello Jairichi,

Do you think the best option is 

1. after H1B approved, she can go for stamping and then travel to US

2. If H1B is rejected, then she can go for stamping for H4 and then travel to US.

Yes to both.