Travel to India on H4 with a valid H1 from October 2013

[arshan]

Hi,

 

I had my visa stamped for H4 till Apr 2013. I applied for an extension and got new I-94 for H4 till May 2015. I then applied for H1B and got it approved, which is valid from Oct2013. I have a situation now where I need to travel to India(medical emergency). I am planning to return to US before October though. My visa has expired and hence I will have to go for stamping before returning to US.

 

Now will there be a problem if I get a new I-94 stamped for H4 on top of already approve H1B?? Kindly respond. 

 

Regards,

Archana

 

[jairichi]

If you enter US on H4 then your employer has to apply for a COS to H1B which is equivalent to paying again for H1B. Alternatively you could apply for a H1B visa and enter 10 days before your H1B start date (Oct 1st)