Is H1 stamp needed?


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I am on H4 visa. My employer (software consultancy) plans to file for my new H-1B visa with a tentative start date of Feb 2012, the application petition will be filed around last week of Nov. Moreoever I will be traveling to India in December and returning around 1st week of January. During this time I will be doing H4 visa stamping at the mumbai consulate (my current H4 visa stamp has expired). I want to avoid H-1B stamping as I'll be working for consultancy that could raise many questions. So my question is - could I return in January on the stamped H4 visa and if my H-1B petition were to be approved, could I start working in on H-1B?

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if you leave during the pendency of a COS the COS will be considered null and void and you will need a H1 visa to come back if the H1 petition is approved. Avoiding visa stamping is a two edged sword and leaves you wide open for exploitation. Look for a better sponsor. in any case the H1 is unlikely to be approved in view of your doubts. Please make sure you give him no money under any pretext.

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