vtati Posted September 6, 2012 Report Share Posted September 6, 2012 I'm on F1 status till Jun 2012 and i got the H1B approval in June 2012 with a COS which will be effective from Oct1st 2012. Due to unexpected reasons, I went to India and I'm coming back to US on H4 visa on Sep12. Do i need to do a change of status in order to start working from Oct1st or can i start my work from Oct1st as the new I94 will be effective from Oct1st. One of the attorney said, I can start working from Oct1st. Can you please comment on the same. Link to comment
luck2u Posted September 8, 2012 Report Share Posted September 8, 2012 As you mentioned that you are going to India and coming back to USA on H4 even you have H1B approval, you have to apply for COS from H4 to H1B after entering to United States. This is becoz when you entered to US on H4, any of your existing immigration status other than the one you are using in port of entry will be cancelled. It is always safe to seek advise from an experienced attorney. Link to comment
luck2u Posted September 8, 2012 Report Share Posted September 8, 2012 As you mentioned that you are going to India and coming back to USA on H4 even you have H1B approval, you have to apply for COS from H4 to H1B after entering to United States. This is becoz when you entered to US on H4, any of your existing immigration status other than the one you are using in port of entry will be cancelled. It is always safe to seek advise from an experienced attorney. Link to comment
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