H1 w/o COS petition approved. Still have H4 stamp. Can I return to US on H4?

[PS0707]

Hello All,

 

I currently have a H4 stamp in passport. I was in US when I applied for H1 without COS(As I had to go to India from September to November). My H1 was approved without COS. I am planning to return to US in late November.

 

1. Can I return to US on H4 visa and then apply for COS to H1? 

2. What are the chances that immigration authorities will question me why I did not get H1 stamped in India?

 

Thanks,

DRR

[jairichi]

Hello All,

 

I currently have a H4 stamp in passport. I was in US when I applied for H1 without COS(As I had to go to India from September to November). My H1 was approved without COS. I am planning to return to US in late November.

 

1. Can I return to US on H4 visa and then apply for COS to H1? 

2. What are the chances that immigration authorities will question me why I did not get H1 stamped in India?

 

Thanks,

DRR

1. Yes. Your employer has to apply for a COS from H4 to H1B and they have to pay H1B fees. Takes 2.5 months for approval in regular processing and 15 calendar days in premium processing. Will your employer be happy about this?

 

2. You will be questioned most likely

[pontevecchio]

1. Ask the employer about the matter. Why have you not applied for a H1 visa?

 

2. If you enter in H4 status nobody will question you.

[PS0707]

1. Yes. Your employer has to apply for a COS from H4 to H1B and they have to pay H1B fees. Takes 2.5 months for approval in regular processing and 15 calendar days in premium processing. Will your employer be happy about this?

 

2. You will be questioned most likely

 

My employer has agreed to file for COS separately. Thanks to them.

 

If they question, what can be the response so that I do not have trouble? Also, Can they refuse entry in US(from POE) just for this reason?

What documents should I carry at the port of entry?

 

Thanks.

[jairichi]

My employer has agreed to file for COS separately. Thanks to them.

 

If they question, what can be the response so that I do not have trouble? Also, Can they refuse entry in US(from POE) just for this reason?

What documents should I carry at the port of entry?

 

Thanks.

Just answer the truth.. They will not refuse entry just for this reason.

Since you are planning to enter with H4 a copy of all your spouse's H1B documents along with latest pay stubs and approved I797.