H4 to H1 change of status

[Helpneedededu]

Hi Friends,

 

I have come to USA on H4 on August 31st 2014.

My H4 has expired on December 1st 2014 and it was extended till  30th November 2017.

Now my H1 has been filed which is H4 to H1 change of status process but not consular process.

 

1.Now can I go to India and get H4 stamping and come before October to USA on H4?

 

2.Or If I want can I get the stamping done on H1 in October and come.

 

3.Which process is the best process to come on H1 in October with stamping or with H4 before October.

 

4.Which is the best safe time for me to go to India now? After My H1 Approval or before my H1 approval.

 

5.And note that I should get my H4 stamping in India.

 

Thanks

Akhila

 

 

 

 

Note that mine is H4 to H1 change of status process.

 

Thanks 

Akhila

 

 

[jairichi]

1. Yes. But, your COS part of H1B petition will be considered abandoned.

2. Yes.

3. You choose according to your situation. Even if you enter US with a H4 before October you need to exit and enter US with a valid H1B visa and I797 to start working from 1st Oct.

4. Travel after approval and that will help you to avoid stamping.

[Helpneedededu]

Hi Friends,

 

There is a medical emergency for my mother in India.I am leaving to India on 8th April 2014.And my H1 visa is already applied on Change of status process from H4 to H1 .Can you please help me what should I do now?Will my COS process will be denied?What should I do?I should have H4 stamping also.

 

 

Thanks And Regards,

Akhila

[jairichi]

Hi Friends,

 

There is a medical emergency for my mother in India.I am leaving to India on 8th April 2014.And my H1 visa is already applied on Change of status process from H4 to H1 .Can you please help me what should I do now?Will my COS process will be denied?What should I do?I should have H4 stamping also.

 

 

Thanks And Regards,

Akhila

Your questions were already answered.

 

You H1B petition will be processed but COS will be denied due to your travel.

[Helpneedededu]

Hi Friends,

 

1.What will happen if my H1B petition will be processed but COS will be denied due to my travel.

2.And can I convert it from change of status process to consular later.

 

Thanks And Regards,

Akhila

[jairichi]

Hi Friends,

 

1.What will happen if my H1B petition will be processed but COS will be denied due to my travel.

2.And can I convert it from change of status process to consular later.

 

Thanks And Regards,

Akhila

1. It will be consular processing by default in that case. To work on H1B you will need to enter US with a valid H1B visa and I797 not more than 10 days before H1B start date.

2. Refer 1.

[Helpneedededu]

Hi Frenz,

 

If my COS is denied and it will goto consular processing by default can I apply for COS second time after coming on h4 to USA.

 

Thanks And Regards,

Akhila

[jairichi]

Hi Frenz,

 

If my COS is denied and it will goto consular processing by default can I apply for COS second time after coming on h4 to USA.

 

Thanks And Regards,

Akhila

Not you only your employer can. For that employer has to pay H1B fee again. No good employer will be interested to pay twice for a H1B.

[Helpneedededu]

Hi Frenz,

 

I have travelled to india on April 10th 2015.I am in India from April 10th 2015.My H1 visa was applied in USA in April 2015 in change of status(COS) process.But now I am in India.Till now I did not get any update on my H1b.I have received LCA and H1 filing documents from my attorney and employer 2 months back.They say they did not receive any update if my H1 is selected in lottery or not and they say they do not know if it is approved or not because they did not receive any receipt or rejection package.My employer says there is 1% chance to get H1 visa approved.Is it possible that my H1 visa will be approved.And is the update so late because my H1 COS is denied and went into consular processing?

 

Thanks And Regards,

Akhila Venkata