H1 approved but want to come USA on H4 visa, will my H1 still be valid after i get H4 stamped

[Pthakre]

My H1 just got approved, it will start in Oct 2013. Can i come back on h4 visa in USA, then activate my H1?

I want to come back to USA in Dec 2013, if i apply for H4 in Nov, will my H1 (which is already approved) be still good. I want my H1 to be activated after dec

[jairichi]

Yes, you can apply for a H4 visa at a US consulate and enter US with a H4 visa. But, if you want to begin work from December 2013 your employer has to file a COS petition at USCIS. Will your employer be willing to pay again and do this COS? Highly unlikely. Instead, stay in your home country and enter US in December with a valid job. Why you want to come in December and not October, may I ask?  

[Pthakre]

Thank you. I have a job but i heard stamping for H1 is not easy so thought of coming USA on H4. I am getting married in Nov so planning to come back late dec

[jairichi]

If you have all the necessary documents and if your credentials and your employer's credentials are good then there should not be any problem. Did you discuss with your employer or attorney and check out whether they are willing to do a change of status from H4 to H1B when you are in US?

[Pthakre]

Thanks. I have to talk to my employer... But just wanted my questions to be answered first.

[Pthakre]

Thanks. I have to talk to my employer... But just wanted my questions to be answered first.

[pontevecchio]

Is there an actual job involved ?  Then apply for the H1 visa and come over up to 10 days before the start date. Unless your employer is a bit hazy you have no reason to fear the visa process. If layers are involved tell the Employer to get a Good Lawyer involved to make the paper work watertight.

[t75]

Quit listening to people who had problems because of fraudulent jobs or credentials.  If you are one of these, you will eventually be caught. If not, you have nothing to fear.

[Pthakre]

Yes, i was working on OPT in company as consultant for 2 years. Same company is offering me a project.

Thanks

[Pthakre]

One last question, i am trying to get full time direct job ( no EVC). If i get one then can my new company file for my COS or only the employer who filed it can apply for COS

[jairichi]

If another employer is interested they can file a H1B petition for you and once approved you could begin working for them.