Travelling to India in H4 while H1B is approved but not started employment?

[F1OPT2H1B]

Hi all,

I am on H4 dependent visa and my employer is filing my H1B petition this April 2013 under premium processing and I hope it will go through well. I am aware that my H1B STATUS will start only on Oct 1st 2013. But I need to travel to India in July 2013 and will be back in USA in Aug 2013 for family reasons. I read through several forums but couldn't any definite answers for my questions. Here are my questions

Consider my H1b is approved before I leave to India / while I am in India

1. Is it recommended to come back to USA in H4 visa ? or

2. Go for stamping in India for my H1b and then return to USA on H1B? (but return to USA will be in Aug 2013) ?

3. If I come back to USA on H4 will there be any problem starting my H1B employment in Oct?

4. What is COS?

Consider my H1B is in processing while I leave to India and stays the same when I return to USA

1. Is it recommended to come back to USA in H4 visa ?

2. Will there be any problem starting my H1B employment in Oct?

Greatly appreciate any help.

Thanks

[wiweq]

If you leave USA while your H1b is under processing, you H1b petition may approve but COS (H4 to H1b) will be revoked. (For any status extension/ COS, you HAVE to be present in USA). In this case, in order to start working from Oct 1st, you need to get H1b stamping and then enter in USA around Oct 1st.

Better to do H1b in PP, once H1b is approved you are okay. You can leave USA and re-enter on H4 before Oct 1st. On Oct 1st, your status will be automatically changed to H1b, and you will be eligible to work.

[F1OPT2H1B]

If you leave USA while your H1b is under processing, you H1b petition may approve but COS (H4 to H1b) will be revoked. (For any status extension/ COS, you HAVE to be present in USA). In this case, in order to start working from Oct 1st, you need to get H1b stamping and then enter in USA around Oct 1st.

Better to do H1b in PP, once H1b is approved you are okay. You can leave USA and re-enter on H4 before Oct 1st. On Oct 1st, your status will be automatically changed to H1b, and you will be eligible to work.

Thank you very much for your timely reply. Really appreciate it.

Will I be issued I-797A (with I-94) or I-797B(without I-94) as my H1b approval while I am in USA on H4 and applied for H1B?

Thanks

[wiweq]

I797 always comes with I94 if it's filed with extension or COS, and the beneficiary is maintaining current legal status. In your case, you will get H1b approval with I94 with start date of Oct 1st, providing you are maintaining your current legal H4 status.

[F1OPT2H1B]

I797 always comes with I94 if it's filed with extension or COS, and the beneficiary is maintaining current legal status. In your case, you will get H1b approval with I94 with start date of Oct 1st, providing you are maintaining your current legal H4 status.

Thank you once again for your prompt reply.

I have H4 extension approved and have the approval notice with me but my current I-94 and my H4 Visa on my passport is expired.

1. I am planning to go to India in Sept 2013. (While leaving USA @ airport I should submit both my expired I94 and the new I94 received along with 797)

2. I will go for my H1B stamping in the month of Sept 2013

3. and travel back to USA and enter the country in H1B status and also get my new I-94

Do you see any issues or any pit falls that I should be aware of in this ?

[F1OPT2H1B]

Any help would be really great. Thanks

[F1OPT2H1B]

I am planning to go to India in Sept 2013. (While leaving USA @ airport I should submit both my expired I94 and the new I94 received along with 797).

Once I get my H1b stamp in my passport will my H4 cancelled?

[nishnisha]

Hi 

 

I came to India in March 2014 and got my H4 visa stamped here .

Then i have applied for H1B visa (premium processing) from India in April 2014.

My application is picked up in lottery .

 

I just wanted to know can i travel to USA with my H4 in June 2014 and then come back for H1B stamping in September 2014 

[rahul412]

Hi 

 

I came to India in March 2014 and got my H4 visa stamped here .

Then i have applied for H1B visa (premium processing) from India in April 2014.

My application is picked up in lottery .

 

I just wanted to know can i travel to USA with my H4 in June 2014 and then come back for H1B stamping in September 2014 

I think you can.