Sim1224 Posted February 28, 2012 Report Share Posted February 28, 2012 Hello, Currently i am in H4 visa, and my H1b got approved this year and right now i am in USA. With out stamping the h1b is i can go to india for few months and Is i can enter USA in H4 visa? And after coming back is i can work in H1b. Is the petition will be valid for long period if i didn't use it? While entering USA with h4 will cause any problem, if i hold the h1b petition approved? Thanks for your reply.. Link to comment
JoeF Posted February 28, 2012 Report Share Posted February 28, 2012 If you come back on H4, the employer would have to file a COS to H1 again. You have to wait for the approval before starting to work. Link to comment
Guest Posted February 28, 2012 Report Share Posted February 28, 2012 I guess, once your h1b is approved, your h4 is no longer valid until unless your I-797 has a specific future start date. Link to comment
SameerH1Bworker Posted February 28, 2012 Report Share Posted February 28, 2012 Hello, Currently i am in H4 visa, and my H1b got approved this year and right now i am in USA. With out stamping the h1b is i can go to india for few months and Is i can enter USA in H4 visa? And after coming back is i can work in H1b. Is the petition will be valid for long period if i didn't use it? While entering USA with h4 will cause any problem, if i hold the h1b petition approved? Thanks for your reply.. Once you get H4 to H1 COS & then you leave the US & come back on H4 visa then legally you're not allowed to work even though you've valid I-797 approval copy of H1B. YOU'VE TO COME BACK ON H1B VISA ONLY IF YOU WANT TO WORK. Link to comment
Sim1224 Posted February 28, 2012 Author Report Share Posted February 28, 2012 JoeF, 1) If my employer can apply for COS to H1, Is there any rejection chance for my H1B. 2) I didn't run the pay roll for few months right, so RFE will occur? 3) How long will take to do COS to H1? Link to comment
Sim1224 Posted February 28, 2012 Author Report Share Posted February 28, 2012 If you come back on H4, the employer would have to file a COS to H1 again. You have to wait for the approval before starting to work. How long will be the processing time for COS? And is they r in chance for rejection of H1B visa? Link to comment
JoeF Posted February 29, 2012 Report Share Posted February 29, 2012 How long will be the processing time for COS? And is they r in chance for rejection of H1B visa? It is just like a new H1. Same timeframe, same risk of denial. Link to comment
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