H1 -h4 travel issue


Truptinb

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Hi,

I am planning to get my h1b approved through premium process by mid may 2014 and then i want travel to india for 1 month. Before coming back to US i need to get h4b stamping done too as extension was filed last yr. I would be back to US by last week of june.

I have 2 queries here:

1. Can i come back with only h4b stamping without going for h1b interview n stamping.

2.Once i m back on h4b , do i need to again apply for COS from h4 to h1?(as per above answer it will happen automatically)

Actually for 2nd case my consultant is saying once i am back to Us on h4b , again i will have to apply for COS from h4 to h1 and have to bear the cost of it can you please let me know if he is telling me correct.

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Hi,

I am planning to get my h1b approved through premium process by mid may 2014 and then i want travel to india for 1 month. Before coming back to US i need to get h4b stamping done too as extension was filed last yr. I would be back to US by last week of june.

I have 2 queries here:

1. Can i come back with only h4b stamping without going for h1b interview n stamping.

2.Once i m back on h4b , do i need to again apply for COS from h4 to h1?(as per above answer it will happen automatically)

Actually for 2nd case my consultant is saying once i am back to Us on h4b , again i will have to apply for COS from h4 to h1 and have to bear the cost of it can you please let me know if he is telling me correct.

1. Yes.

2. If your H1B was approved as COS before your travel outside US then automatically your H1B status kicks in on 1st Oct. If approval happens after you left US then employer has to file for COS from H4 to H1B and pay H1B fee. You should not pay H1B fee as it is illegal.

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