Travel to USA on H4 from India when H1B Approved

[knn2404]

Hi

My Spouse travelled to USA on H1B this year Jun and I applied for H1B this year and its picked in Lottery and waiting for an approval.

I am planning to travel this Year along with my Kid need some clarification on following points.

 

1. Before going to H4 stamping if H1B is approved is there any problem for H4 Stamping?

2. If H1B is approved after my H4 VISA stamped and before my travel date. Can I travel on H4 and apply for Change of Status?

3. If H1B is not approved can I travel on H4 and apply for Change of status from USA after it is approved?

4. Is there any problem in port of entry if I travel in H4 when H1B is processing or approved status?

[pontevecchio]

1. No. Why would you think that?. More importantly why would you not then get a H1 visa and come over?

2. It would presuppose that your employer is not kosher. In this case get a H1 visa.

3. It means the employer pays again for a H1. Moreover COS from H4 to H1 takes many months as of now. Why would he delay epmploying you? In this case leave and return with the H1 visa to start work.

4. NO

 

Is there any reason why you think the H1 visa would be a problem with your current sponsor?