Swaksh Posted June 6, 2013 Report Posted June 6, 2013 Hi, I got my H1b Approval with COS and now Iam planning to go India. At present Iam Staying in USA on H4. My Question is as below: I Heard that if i got an H1b approval with COS , I can travel India get my H4 stamped (as now iam staying on Extension ) and come back to USA before Oct 1st and start working on my H1 Approval without again applying for the COS. Can someone please say me the above statement is true and guarantee that i can plan my trip or Is this going to effect my H1b approval in any way?? Please help me !!! Iam Confused
JoeF Posted June 6, 2013 Report Posted June 6, 2013 Hi, I got my H1b Approval with COS and now Iam planning to go India. At present Iam Staying in USA on H4. My Question is as below: I Heard that if i got an H1b approval with COS , I can travel India get my H4 stamped (as now iam staying on Extension ) and come back to USA before Oct 1st and start working on my H1 Approval without again applying for the COS. No. The employer would either have to file an H1 with COS again, or you would have to get an H1 visa and enter the US with that around Oct. 1 (up to 10 days before the start date is possible.)
0407 Posted June 6, 2013 Report Posted June 6, 2013 "I Heard that if i got an H1b approval with COS , I can travel India get my H4 stamped (as now iam staying on Extension ) and come back to USA before Oct 1st and start working on my H1 Approval without again applying for the COS." Some attorneys are of the opinion that once COS is approved and is yet to be effective (Oct 1), then you can travel outside the country and begin working on Oct1, even if you don't enter US on H1B status
chakrakr Posted June 7, 2013 Report Posted June 7, 2013 What you heard is right. See this http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/ . True it is not a regulation but just a guidance letter but Attorneys have said it many times in this and other forums that US Government agencies gives much weight to such guidance letters. Even Attorney Murthy says "We also find that the USCIS and Legacy INS have given considerable weight to such guidance letters and enforced them". Any forum member who has problem accepting this fact, please direct your heat to Attorney Murthy.
Swaksh Posted June 7, 2013 Author Report Posted June 7, 2013 Yes , This is the Confusion i have, Some of them suggest and some of them will not..So not exactly sure what should be considered. Even I dont want to take any risk by travelling now but its an unavoidable situation. So someone please help me !!!!
pontevecchio Posted June 7, 2013 Report Posted June 7, 2013 In view of the slanging match your best bet is to talk to your company Lawyer..
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