Getting H4 stamped when an H1 is filed

[shameersalim]

Hi,

I am on H4 currently. My H4 has expired in June 2013 and I have the I797 approval(H4) for next three years. A small company has filed my H1 work permit this year and it is under review by USCIS and am waiting for a decision. In the mean time, I want to know if I can go to India for a short visit. 

 

If I am visiting India before the H1 approval comes, can I get my H4 stamped and come back. Can the H1 cause any problems in between

If I am visiting India after my H1 gets approved, can I still get my H4 stamped and come back. Since a small firm has filed my H1, there are chances of 221g, or rejections.

 

Please let me know if you can think of any other complications.

 

Thanks

Abna

[jairichi]

Hi,

I am on H4 currently. My H4 has expired in June 2013 and I have the I797 approval(H4) for next three years. A small company has filed my H1 work permit this year and it is under review by USCIS and am waiting for a decision. In the mean time, I want to know if I can go to India for a short visit. 

 

If I am visiting India before the H1 approval comes, can I get my H4 stamped and come back. Can the H1 cause any problems in between

If I am visiting India after my H1 gets approved, can I still get my H4 stamped and come back. Since a small firm has filed my H1, there are chances of 221g, or rejections.

 

Please let me know if you can think of any other complications.

 

Thanks

Abna

I believe the company has applied for a COS from H4 to H1.

 

If you visit India after approval of COS to H1B and enter US on H4 visa your small company has to again pay all the H1B processing charges for a COS from H4 to H1B. Would your small company be willing to do that? I do not think so. 

 

Best would be to get your COS to H1B approved before you leave to India. Get a H1B visa stamped at US consulate in India and enter 10 days before your H1B start date. USCIS does not discriminate between small and big companies. If your employer and job is genuine and your credentials are good you would get a H1B visa with out any problem.

 

Did you talk to your employer's attorney? Get their opinion.