Valid H4 Visa. But H1B to H4 COS is pending. Do I need stamping ?

[pbellamkonda]

I came to US through H4 stamping till Dec 2016. I got my H1B lottery picked and worled from Oct 2015 to March 2016. 

 

Applied for COS to H4 in April. Received receipt and case is pending. 

 

Now if I go out of country and wanted to return back. Should I go for stamping?

 

Since I already have a valid H4 Visa stamping. 

 

 

[pbellamkonda]

Please help.

[pontevecchio]

Your existing H4 visa and the relevant H1 petition approval of your spouse will do to come back.

[smani01]

"I came to US through H4 stamping till Dec 2016. I got my H1B lottery picked and worled from Oct 2015 to March 2016."

"Applied for COS to H4 in April. Received receipt and case is pending." 

 

@pbellamkonda:

 

Referring to the above point, my attorney said technically the day you finish working, that is the day till which you are supposed to be in the H1B visa status. I even read another thread here on Murthy forums that said the COS needs to be filed prior to the end of work status.

 

So, is not filing COS in April 2016 late given that pbellamkonda has worked only till March. Did you receive any further questions at all from USCIS?

 

This issue affects me also, which is why I am bringing these points so that more people/experts may share their opinion. In fact, my attorney said, filing from within US for a COS from H1-B to H4 would take 7-8 months and so he said the best thing to do is to go the consular route by going to the home country.

[pbellamkonda]

I stopped working, only after I received my receipt. And my employer said, it is good. 

[smani01]

<<I stopped working, only after I received my receipt.

 

referring to your original post, you had yourself said

 

"I came to US through H4 stamping till Dec 2016. I got my H1B lottery picked and worled from Oct 2015 to March 2016. 

Applied for COS to H4 in April."

 

To anyone reading what you had said, it would appear you applied COS after you stopped working.