H4 to H1 Change of status

[laxmichawla]

Hi,

 

This may be a repeated question but I couldn't find an exact solution online.

I am on H4 visa in US right now and have applied for H1. I am expecting my H1 approval in a couple of weeks. Also I have to travel to India for 3-4 months. So I will not be back before October this year. 

 

1) Do I have to go to India for stamping or I can come back on H4 then file for change of status in US. Would my H1 still be active?

2) If I get my H1 approval before travelling, what should be the course of action.

 

Thank you!!

[Attorney_10]

Generally, if one changes status in the U.S. from H-4 to H-1B and then travels abroad, s/he will need to apply for an H-1B visa at a U.S. consulate abroad to return on H-1B status. If s/he returns on the H-4 visa, the individual will not be permitted to work until another H-1B petition with request to change status is filed and approved by the USCIS. There are intent issues with filing this type of petition as soon as one returns on H-4 status, which should be discussed with a qualified immigration attorney.

[laxmichawla]

Thank you for your reply.

 

I would like a suggestion as to what should I do, since my H1 petition is in progress. Should I wait till it is approved before travelling to India? OR I can travel now before approval.Then what should I do in India as in stamping etc. 

 

Pls guide me as I do not know much of visa rules. I want to work on H1B  from this year but my travel is unavoidable.

 

Thanks!!

[t75]

You better become familiar with visa rules. Read the USCIS website. If you still have questions, pay an attorney to explain them to you.

[nvedia]

Even if its approved, once you go to India, you would have to get the stamping done for changed visa status

[shanth10]

Kind of similar case. My wife was with me in USA last year in H4. we applied for H1B thru consulting company and got to know she got h1b approved. meantime she went to india in oct,2012 for her delivery. All of a sudden now the consulting company said, since she havent joined the job after long time, they are planning to cancel her h1b.This all happend in feb,2013

 

Now, when i checked with that consulting company, they confirmed they have revoked my wife's h1b. 

 

My wife planning to come on sep,2013 with my baby. she still have the valid h4 till next year nov,2014. will there be any immigration problem if my wife come in h4 visa to USA?