H4 to H1 CoS approved, can travel back on h4?

[Raunit]

I had applied a cos from h4 to h1 this year and got my petition approved. I had to go to india urgently in sept and now I am in india, I wish to understand that can I come back on the old h4 visa which is valid till july 2013 or is it automatically abandoned since I got my cos to h1 approved.

[pontevecchio]

yOU CAN RETURN ON THE h4 VISA. wHY ARE YOU NOT GETTING A h1 VISA TO COME BACK AND WORK FOR THE h1 SPONSOR?

[Raunit]

Hi

Thanks for your response. well I want to understand the best possible way to safeguard my h1.When i came back to india, it was sept and I could not start working as petition was from oct1st. When i checked with my employer he is telling me that the client is not ready to wait as i am still in india and might need some more time to stay here so he said it is not advisable to go for h1 stamping using the old client letter and on the old client so I am trying to see can i travel back on h4 and start working on my h1 here or do i need to go for stamping in order to keep my h1 valid. Is there any other way that i can save my h1 i wish to come bak and work there so def need my h1.

Thanks

[Raunit]

Requesting some insight on this please. Thanks

[pontevecchio]

Your H1 approval is a fact. There is no question of saving it. It remains a fact that you were cap counted and that is safe.

[Raunit]

Thanks for your response, really appreciate it a lot.

So in essence are you saying that I can still come back on H4 and my h1 will remain valid?

Can I still work on my approved h1 petition. My h4 visa is valid till july 2013 so is that I dont have to appear for a visa interview before that to get my h1 stamped even if I am in India right now? Please clarify

Else what is the best way for me to come back to US and also work on my h1

[pontevecchio]

1. Unless there is an actual job by the H1 sponsor involved you cannot be in valid H1 status.

2. Why are you avoiding getting the H1 visa and coming over to work for the H1 sponsor?

3. You can come in on H4 status and find an employer , the existing H1 sponsor or a new H1 sponsor to file a H1 petition with COS from H4 and start work on approval.

[Raunit]

Thanks again, I posted a response to this sometime back but it didnt make it.

Thanks a bunch for helping me out.

I have another query, it looks like my employer has revoked my approved h1b, still can I follow the same as above, i.e come back on h4 and apply for cos h4-h1, and will it still be cap exempted even though the approved petition is revoked?

Thanks again.

[pontevecchio]

Every H1 employer has to revoke the LCA and H1 petition if the employee is no longer working. This cannot/will not/does not nullify the fact that you have been cap counted which is a ground reality....in the absence of fraud. Always get a Lawyer to back you up if unsure as you are in the firing line.