h4 to h1 travel to india

[dhanya_philip]

Hi. I am currently on H4 visa which expires in August 2014. My husbands company applied for h4 extension and it has been approved and i have my I 797 docent as well.I have applied for my h1 with COS in premium processing in June. I am planning on travelling to India in august and return in september. If my h1 gets approved , can I do h4 stamping in india or do I need to do h1 stamping?

[jairichi]

Hi. I am currently on H4 visa which expires in August 2014. My husbands company applied for h4 extension and it has been approved and i have my I 797 docent as well.I have applied for my h1 with COS in premium processing in June. I am planning on travelling to India in august and return in september. If my h1 gets approved , can I do h4 stamping in india or do I need to do h1 stamping?

If your travel is after COS from H4 to H1B petition approval then you can enter with a valid H4 visa and automatically move to H1B status from Oct 1st.

[dhanya_philip]

Thank you for your reply. My H4 expires in august so before travelling back to US I need to go for Visa stamping. My question is that at that time should I go for h4 or h1 stamping? And if I go for h4 stamping will that override my h1 or COS?

[jairichi]

Thank you for your reply. My H4 expires in august so before travelling back to US I need to go for Visa stamping. My question is that at that time should I go for h4 or h1 stamping? And if I go for h4 stamping will that override my h1 or COS?

If you travel before H1B approval then COS is considered abandoned. You can enter US later with a H4 visa. But to move to H1B status from Oct 1st you will need to exit and enter US with a valid H1B visa and I797.