H4 to H1 COS Approved and Travelled to Canada-Is stamping required now?


helprequired262

Recommended Posts

Hi,

 

I am in US since Jan 2014 on H4 Visa and applied H1B in April 2014 which got approved recently.

 

I  travelled to Canada for 2 days few days back while H1B approval was in progress thinking my visa is not yet approved and by the time I will be back my visa will be approved and I will be able to join the employer and start working but when I came back to US from Canada on H4 visa and was issued same i94 number,I got to know from employer that my H1B  also got approved before I travelled to Canada which resulted in series of questions mentioned below: 

 

Questions:

 

1- Is my current status H4 or H1B?

2- Did this Exit and Re-entry in US on H4 Visa made my status back to H4?

3- Did this Travel Overrides my H1B COS Status which allows me to work without Stamping?

4- Can I still join the employer with Approved H1B petition and I-94 and get the stamping later when I plan to visit India next Year?

5- Can I apply for SSN with the approved petition and new I94 mentioned on Petition and expect to get the SSN issued without any hassles and and start working and get the stamping done later when I plan a trip to India next year?

5- Do I need to get stamping now to get H1B status and re-enter US on H1B Visa?

6- If my Current status is H4 now, Can I delay my stamping for few months till I plan my India visit or it needs to be done within a time frame to avoid any further issues.

7- Can I get the stamping from Canada considering it to be my first stamping of H1B visa  or it needs to be done from the Home Country only?

 

Regards,

Helprequired.

 

 

 

Link to comment

If your H1B petition got approved as COS before your travel then you are currently on H1B.

If approval was after your travel then you are on H4. In this case to move to H1B then you need to exit and enter US with a valid H1B visa and I797. Only after that you can apply for SSN & join employer.

Yes, COS got approved before my travel. So according to this logic my H4 status with this exit and Entry to US did not override H1B status gained through H1B visa which got approved before my travel date.

 

But I have put the same question in other forums and experts suggested me that H1B was approved but this Exit and Entry back in US on H4 made my status to H4 again overriding h1B status which was gained with this approval of COS from H4 to H1B. So I am confused what exactly is my status now?

 

If I go to SSN office with the approved petition, will they be able to tell me what exactly is my current status in their system?

Also If I call USCIS will they be able to tell me the status and clarify my doubts?

Link to comment

Yes, COS got approved before my travel. So according to this logic my H4 status with this exit and Entry to US did not override H1B status gained through H1B visa which got approved before my travel date.

 

But I have put the same question in other forums and experts suggested me that H1B was approved but this Exit and Entry back in US on H4 made my status to H4 again overriding h1B status which was gained with this approval of COS from H4 to H1B. So I am confused what exactly is my status now?

 

If I go to SSN office with the approved petition, will they be able to tell me what exactly is my current status in their system?

Also If I call USCIS will they be able to tell me the status and clarify my doubts?

 

You are currently on H1B status. If you visit a local SSN office they will confirm it to you.

Link to comment

Archived

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