H4 to H1 approved while I am out of US

[Andal]

I was working on H1B visa, then I switched to H4 visa.

I came to India got my H4 visa stamped and then went back to the US. As my H4 visa expired my husband,s company filed for H4 extension and the petition was approved.

While in the US, my past employer agreed to file for my H4 to H1 visa transfer. Due to a family emergency I had to fly to India, but due to some communication gap my past employer filed for my H4 to H1 visa transfer while I am in India.

My H4 to H1 visa petition has been approved while I am in India. I am currently in India and want to go back to the US and start working again.

Can I get my H4 stamped and then join my past employer once I reach the US?

If I go for H1B visa stamping now, is the possibility of H1B visa rejection high?

[hshankar]

You have to get your H1b visa stamped if you want to work. If you come in on H4 visa, your h1b visa will no longer be valid. You have to file for another visa after you get here. It is best if you can get your h1b visa stamped and then come on H1b Visa.

[Chitown01]

1. Is your previous H1 B Visa stamp valid? If so then you can enter on that with new I-797 and Start working.

If not you need new H1 B Stamping and then you can re enter and start working.

2. There is always a risk involved, specially if you are on EVC or EC model.

[pontevecchio]

You need the H1 visa. You have nothing to fear bu fear if everything is kosher.