H1 Filed With Start Date In Future, Stamping?

[chaitu3120]

Hi All,

My wife is currently on H4 status. She recently got placed and her employer filed her H1 with H1 start date as Jan 1st 2012. Her H1 is also approved. Now she is planning to go to India for 30 days trip (Until Dec 20th 2011). Does she need to go to stamping in India as her H1 got approved? I'm not sure whether she needs to go to stamping as she is still in H4 until Jan 1st 2012.

Let me know. Thanks Guys.

[chaitu3120]

Hi, Does anyone have encountered this before?

[pontevecchio]

If she wants to work for the H1 sponsor she needs to get a H1 visa and return. If her COS is approved and she has the I94 with H1 approval she may be able to come back on H4 status and the H1 could kick in on January,1. It depends on the exact circumstances.

[livliv]

She should get the H1 Visa on her trip abroad and return in H1 status. Return date cannot be more than 10 days before the H1 start date. Returning in H4 status will create confusion regarding her latest status.

[chaitu3120]

If she wants to work for the H1 sponsor she needs to get a H1 visa and return. If her COS is approved and she has the I94 with H1 approval she may be able to come back on H4 status and the H1 could kick in on January,1. It depends on the exact circumstances.

I am not sure what you mean by COS. She is currently in H4 and got her her H1 approved recently with H1 start date in Jan 2012. Does she need to go to stamping in India Or She can come back in her H4 ?

[h1b_awaitinggc]

I am not sure what you mean by COS. She is currently in H4 and got her her H1 approved recently with H1 start date in Jan 2012. Does she need to go to stamping in India Or She can come back in her H4 ?

When you say her H1 got approved recently, does the approval notice have an I-94 at the bottom? Is yes it means that her COS(Change of Status) was approved with the validity mentioned in that I-94. But if she travels out of the country my guess would be that she needs to return on an H1B visa so she is in H1 status. I might be wrong. So the best thing for you to do is to ask the lawyer who filed this H1.

[pontevecchio]

If she has a COS from H4 to H1 and that is effective from January and if the I94 numbers are the same she can go in H4 status and return in H4 status before the H1 starts. You should really ask the employers lawyer about the actual facts involved.