Travel before or after H1B


chithu77

Recommended Posts

Hi

 

I have successfully got my H4 approved today and eager to travel soon. My H1B employer will be filing H1B petition for me this April. Please advise which of the following options should I follow:

 

1) In case I am able to get back the passport and book ticket in another 3 days , can I travel on H4 immediately ie. can I travel before Apr 1, say on 28/29/30/31 Mar OR

 

2) should I wait until my H1B petition is filed OR

 

3) should I wait until the H1B petition is approved.

 

Please advise.

 

Thanks

Link to comment

Hi

 

I have successfully got my H4 approved today and eager to travel soon. My H1B employer will be filing H1B petition for me this April. Please advise which of the following options should I follow:

 

1) In case I am able to get back the passport and book ticket in another 3 days , can I travel on H4 immediately ie. can I travel before Apr 1, say on 28/29/30/31 Mar OR

 

2) should I wait until my H1B petition is filed OR

 

3) should I wait until the H1B petition is approved.

 

Please advise.

 

Thanks

1. Yes.

2. Not necessary.

3. Refer 2.

 

If you are already in US on H4 status then employer can file a H1B petition with change of status from H4 to H1B. If approved there will not be a need for H1B visa stamping to move to H1B status from 1st Oct 2014.

Link to comment

Thanks. In case I reach US in the weekend and my H1B employer files the petition on Apr 1 (Tue) :

 

1) Is it absolutely necessary that the petition should have been filed as a COS.

 

2) If 1 is NO, so do you say it is fine if my location in the petition was mentioned as India although I was in US at the time of filing.

 

3) Can COS be applied later after the petition gets approved say in July.

 

I am not sure if the employer's attorney will be able to accommodate the last minute change in the Apr 1 application by making it a COS, hence seeking your advice.

Link to comment

Thanks. In case I reach US in the weekend and my H1B employer files the petition on Apr 1 (Tue) :

 

1) Is it absolutely necessary that the petition should have been filed as a COS.

 

2) If 1 is NO, so do you say it is fine if my location in the petition was mentioned as India although I was in US at the time of filing.

 

3) Can COS be applied later after the petition gets approved say in July.

 

I am not sure if the employer's attorney will be able to accommodate the last minute change in the Apr 1 application by making it a COS, hence seeking your advice.

1. No. It is an option.

2. Yes. Because your attorney would have sent the application to reach USCIS by April 1st 2014 i.e. before your entry to US.

3. Yes, employer can file a COS petition and pay H1B fee again. No sane employer would be willing to pay twice for a H1B petition.

Link to comment

Hi Jairichi

 

Please clarify your answer to point 3.

 

I was thinking the COS is just an additional step in the H1B petition approval process and will be less expensive when compared to whole H1B petition process. ie. when COS is applied after H1B approval is done, just I539 has to be filed with the COS fee which I believe is around 300 dollars. Please let me know if that is not correct.

Link to comment

Hi Jairichi

 

Please clarify your answer to point 3.

 

I was thinking the COS is just an additional step in the H1B petition approval process and will be less expensive when compared to whole H1B petition process. ie. when COS is applied after H1B approval is done, just I539 has to be filed with the COS fee which I believe is around 300 dollars. Please let me know if that is not correct.

COS is an option provided to you when you are in US. When a H1B petition is filed as consular processing or COS the H1B fee stays same. When you enter US with a H4 visa and later want to change to H1B status then either you exit and enter US with a H1B visa or employer files a cap exempt H1B petition along with COS from H4 to H1B and pay H1B fee again. No sane employer would be interested to pay H1B fee twice.

Link to comment

Archived

This topic is now archived and is closed to further replies.