Plzzz i need suggestion for h4 to h1

[sssshyam]

Am on h4 which is valid till nov,2013...but am changing my status from h4 to h1b .Now am in India ,my employer told that he applied h1b on april 1st week of 2012 and he asked me to go back to US before JUNE 2012.............i dont want to return to US by June..........can i stay in India till september(H1 is apporved from oct) and avoid H1B visa stamping?? Am I allowed to go back to US on H4 in sep???which is safest way to avoid stamping now? If i go for stamping in sep 2012 what are the chances of getting visa?

[livliv]

If you don't get H1 Visa and travel in H4 status, your employer will have to first apply for change of status to H1. Only after change of status is approved, you can start working.

[Attorney_22]

Technically, when an individual is outside the U.S. USCIS should not approve a change of status petition. Therefore, the specifics of your circumstance and how the petition was filed will determine your possibilities. You should discuss this in greater detail with a knowledgeable U.S. immigration attorney before determining your course of action. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.