Status if I travel on H4 while H1 approved but 221 G ?


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Big story short - I am a material scientist working for a start-up in the US. Got my H1 approved 2019 -Traveled back to India on Feb 27 2020 and got 221 G on March 09, 2020. Was asked some extra docs and I submitted them but from that day (almost 1 year now) No change in status (refused). My employer is not paying me but promises to hold on to the job for me. My wife has an H1 stamped and in India now, can I travel on H4, and then will my status change automatically to H1 or should I do COS again. What is the risk?

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Without clearing 221G and getting stamped, you wont get H1. 

18 hours ago, Rudresh Rajappagowda said:

My wife has an H1 stamped and in India now, can I travel on H4

If your wife's H1 is active (have job and currently working) then applying for H4 for you might work (issue: your pending 221G). Once you get your h4 approved and get it stamped on your passport  then enter US as H4, your status wont change to H1 'automatically', you will still need to clear 221G and then apply for COS from H4 to H1b. 

18 hours ago, Rudresh Rajappagowda said:

What is the risk?

- long processing time for h4, COS to h1b

- possible RFE

- employer actually need to pay to to "hold" the job. 

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