H4 with valid i-94. H1 with Approval notice. want to travel and return without stamping

[iamh4toh1]

I came US on a H4 visa with i94 valid till late 2013. I got my H1 approval notice in Jan 2011 and am working since last 5 months with paystubs and all.

I want to go to India and return in 25 days and hence want to return without stamping.

Will I be allowed to return with a H1 status and allowed to work in US?

[redgreenbluee]

please consult a lawyer.

what is your visa stamp? if you only got H4 visa on your passport, you can only enter on H4.

you will need to get H1 visa stamp and return to US to be on H1, and continue to work with your employer, you cannot do that on H4 visa stamp even if you have all your pay stub and other supporting documents.

Originally posted by iamh4toh1:

I came US on a H4 visa with i94 valid till late 2013. I got my H1 approval notice in Jan 2011 and am working since last 5 months with paystubs and all.

I want to go to India and return in 25 days and hence want to return without stamping.

Will I be allowed to return with a H1 status and allowed to work in US?

[iamh4toh1]

hey gurus, please share you experience to help me here

[Joe.F]

As I have stated here alread: http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1024019812&m=6281024912&r=1101060122#1101060122

It is NOT possible to work if you use the H4 visa to enter.

You absolutely NEED the H1 stamp (or another COS to H1 in the US) to work.

There are NO other ways. Period. End of story.