H4 to H1B - travel


vibhavs

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Hi,

 

My H4 expires by 31st October 2014 and I have an employer who will file H1 - Premium for me.

 

1. Can I travel to India after April 2014 and return to US before October on H4 visa, in case my H1 is approved? i.e, without going for stamping?

 

2. If i return after October 2014, is it mandatory that I should go for stamping and change my visa status?

 

 

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Hi,

 

My H4 expires by 31st October 2014 and I have an employer who will file H1 - Premium for me.

 

1. Can I travel to India after April 2014 and return to US before October on H4 visa, in case my H1 is approved? i.e, without going for stamping?

 

2. If i return after October 2014, is it mandatory that I should go for stamping and change my visa status?

If you travel after your H1B petition with COS is approved then you can enter US before Oct on H4 visa and automatically move to H1B status from 1st Oct.

If you travel before your H1B petition with COS approval then you can enter US before Oct on H4 visa. But, to move to H1B later either you need to exit and enter US with a H1B visa or employer files again for COS to H1B and pay H1B fee again.

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  • 2 weeks later...

As i said earlier, my visa is valid till October 2014. 

So if i return to US before that I need NOT go for stamping(extension of H4). Did i get it right?

 

Also, on H1 with COS approval, if I travel on H4, my I94 will change. Will it not affect my H1 COS?

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As i said earlier, my visa is valid till October 2014. 

So if i return to US before that I need NOT go for stamping(extension of H4). Did i get it right?

 

Also, on H1 with COS approval, if I travel on H4, my I94 will change. Will it not affect my H1 COS?

1. Yes, no need for stamping if you enter on H4 visa before Oct 2014.

2. If your H1B gets approved as COS before you leave US then there is no problem.

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