Travelling in H4 to USA while H1 petition is approved


ashrendra

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I have my h4 visa stamped in June 2015 and my husband travelled to usa with his h1b visa in July 2015. I also got selected in lottery in 2015 through an usa employer and my question is can I travel to usa with my h4 visa in sept 2015 before my h1b visa is stamped? and can I do a COS from h4 to h1 after I reach usa? also can I work without h1b visa stamping and go to Canada for my h1b stamping? Please help to answer these questions

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Yes, you can enter US with a H4 visa. Not you but only an employer can file for a COS to H1B and employer has to pay H1B fee again. No employer will be willing to pay twice for a H1B petition. If COS is approved with an I94 there is no need for visa stamping to start work for employer.

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