Can i travel ouside country and come on H4 in August (H4-->H1, H1 approved)

aechoor.rami

By aechoor.rami,
in H1B : General

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aechoor.rami Newbie

aechoor.rami

Posted
Posted

Hi,

I am currently on H4 visa . My H1b got approved and it starts from Oct 2014

Due to some personal problems, I need to travel to India in the month of June 2014 and planning to return in the month of Aug 2014.

Can you please answer the below queries.

1. If I travel to India on H4, can i come to USA on H4 without any problem or do i need get my H1B stamped only then return to USA on H1B?

2. If I return in Aug 2014 on H4, before H1B takes effect in Oct 2014, will my H1b remain valid for working?

3. Will my H1B be cancelled or will i face any problems as I will not having the same I94 which was used for my H1B petition when i re-enter the country?
 

Thanks,

Rami

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jairichi Advanced Member

jairichi

Posted
Posted

Hi,

I am currently on H4 visa . My H1b got approved and it starts from Oct 2014

Due to some personal problems, I need to travel to India in the month of June 2014 and planning to return in the month of Aug 2014.

Can you please answer the below queries.

1. If I travel to India on H4, can i come to USA on H4 without any problem or do i need get my H1B stamped only then return to USA on H1B?

2. If I return in Aug 2014 on H4, before H1B takes effect in Oct 2014, will my H1b remain valid for working?

3. Will my H1B be cancelled or will i face any problems as I will not having the same I94 which was used for my H1B petition when i re-enter the country?

 

Thanks,

Rami

1. Yes, you can travel back on H4 before Oct 1st 2014.

2. Yes, H1B COS will still be valid.

3. No issues.

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rahul412 Advanced Member

rahul412

Posted
Posted

1. If I travel to India on H4, can i come to USA on H4 without any problem or do i need get my H1B stamped only then return to USA on H1B?

2. If I return in Aug 2014 on H4, before H1B takes effect in Oct 2014, will my H1b remain valid for working?

3. Will my H1B be cancelled or will i face any problems as I will not having the same I94 which was used for my H1B petition when i re-enter the country?

1. Yes you can

2. Your H1 is safe, but you need to file COS to H1 before you start working on H1

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aechoor.rami Newbie

aechoor.rami

Posted
  • Author
Posted

Thanks a lot for all the timely responses.

 

I still have the below queries

 

1) When i reenter USA, i will be given with a new I94. Will this not be a problem coz my I94 will be different from the one in my H1.

 

2)As per the petition i will be eligible from work only from OCT 1st 2014 meaning my COS from H4 to H1 is effective from OCT 1st 2014.

 

So do i have to file COS to H1 if i enter USA in August on H4 visa. If Yes then what wil be the process and will there be any difficulty in getting it.

 

Thanks in Advance.

RamI

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jairichi Advanced Member

jairichi

Posted
Posted

Thanks a lot for all the timely responses.

 

I still have the below queries

 

1) When i reenter USA, i will be given with a new I94. Will this not be a problem coz my I94 will be different from the one in my H1.

 

2)As per the petition i will be eligible from work only from OCT 1st 2014 meaning my COS from H4 to H1 is effective from OCT 1st 2014.

 

So do i have to file COS to H1 if i enter USA in August on H4 visa. If Yes then what wil be the process and will there be any difficulty in getting it.

 

Thanks in Advance.

RamI

1. Should not be an issue.

2. My understanding is since your travel is after your H1B petition approval your H1B will automatically kick in by 1st Oct irrespective of you entering before that on H4 status. If this is not true then employer has to file COS petition and pay H1B fee again. I do not think any employer would be interested to pay twice H1B fee.

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