H1b Approved under 2015 cap but in India on H4

[srinivaskalagara]

Hi,

 

I'm on H4 right now and my spouse applied H1b for me through his employer. In April I went to India and still I'm in India and today I came to know my H1b approved and I94 attached valid from Starting October.

 

1)Can I travel to US on my valid H4 visa without H1b stamping  as H1b valid starting from October?

 

2)What if came to US on H4 then how to convert back to H1b to start working from October?

 

3) Is there any issues if I travel back to US on H4 after H1b approval?

 

Please enlighten me. Thanks.

[jairichi]

 

Hi,

 

I'm on H4 right now and my spouse applied H1b for me through his employer. In April I went to India and still I'm in India and today I came to know my H1b approved and I94 attached valid from Starting October.

 

1)Can I travel to US on my valid H4 visa without H1b stamping  as H1b valid starting from October?

 

2)What if came to US on H4 then how to convert back to H1b to start working from October?

 

3) Is there any issues if I travel back to US on H4 after H1b approval?

 

Please enlighten me. Thanks.

 

In India you are not on H4 as it is a status provided in US.

1. You can travel on H4. But, to start working on H1B from 1st Oct you need to exit and enter US with a valid H1B visa and I797.

2. Either you go for H1B stamping before H1B start date or employer applies for COS from H4 to H1B and pay h1B fee again. No employer would be willing to pay twice for one H1B petition.

3. No issue.

[JoeF]

First, your spouse did not apply for an H1.

An employer did file an H1 petition for you.

Second, you are not on H4 if you are outside the US. H1 and H4 are statuses that by definition only exist in the US.

[srinivaskalagara]

In India you are not on H4 as it is a status provided in US.

1. You can travel on H4. But, to start working on H1B from 1st Oct you need to exit and enter US with a valid H1B visa and I797.

2. Either you go for H1B stamping before H1B start date or employer applies for COS from H4 to H1B and pay h1B fee again. No employer would be willing to pay twice for one H1B petition.

3. No issue.

1) Can I go for H1 stamping now and enter in US with stamped H1b or do I need to wait till october to enter on H1b?

2) Can I go for H1b stamping now if my employer provided all the documents?

 Please clarify. Thanks

[jairichi]

1) Can I go for H1 stamping now and enter in US with stamped H1b or do I need to wait till october to enter on H1b?

2) Can I go for H1b stamping now if my employer provided all the documents?

 Please clarify. Thanks

1. You can go for H1B stamping not more than 90 days before H1B start date. And, with a H1B visa you cannot enter earlier than 10 days from H1B start date.

2. Refer 1.