Change of status from H4 to H1B.

[saiwin]

HI,

I am currently on H1B and working on a project. My end date is May 10th and I am planning to take a 2 month vacation in India. So, I plan to come back to US on a H4 visa, since my employeer is not approving the vacation.

My question is, when I come back to US on H4, If I find a project,

Can I reinstate my H1B immediately ?

What are the chance of approval ?

Are there any chances where they will not issue I-94 and will need to travel to India again for stamping purpose?

Thanks

Mahi

[wiweq]

Once you are in USA on H4 you need to find a job and employer with file your H1b with COS (H4 to H1b). If H1b and COS approved, there will be no issues with I94. I94, consular processing problems occurs if USCIS suspects that you are OOS while filing COS. Make sure you send required documents to show your legal H4 status.

[pontevecchio]

":Can I reinstate my H1B immediately ?"

You cannot. Your H1 sponsor can file a H1 petition for you and you can start on approval with COS.

"What are the chance of approval ?"

The same as any other H1 application.

"Are there any chances where they will not issue I-94 and will need to travel to India again for stamping purpose?"

Yes.

[kalyan_ac]

There is no reinstatement. You will have to file a COS from H4 to H1 once you find a job.

If you were never out of status it is less unlikely you will be denied a extension of stay/I94.