h1b or h4 stamping issues


jd456

Recommended Posts

I am on H4 visa .I have an employer interested in filing H1( first time filing new H1) with a start date of Feb 2012.I am going to India this December and getting my H4 stamped and returning to US in the first week of Jan.Assuming that H1 is not approved by Jan,can i come on the stamped H4 visa.WIll the EAC number generated( by my H1 filing) affect my H4 stamping and subsequently be allowed to enter US only with H1 stamping? I am hoping to avoid H1 stamping in India.

Link to comment

To avoid H1 Visa application, you need to have the H1 petition filed as change of status.

If you travel during the change of status process, your change of status will get voided. So the only way to get change of status to H1 without applying for Visa and traveling is to file the H1 petition after you return in H4 status. But it is not likely that the cap will remain open until Jan 2012.

Link to comment

Archived

This topic is now archived and is closed to further replies.