Reposting- Urgent advice needed please on H1B


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My fiance is on H1b in US and I have found a sponsor who will be filing for my H1b visa in 2016. We intend to get married in June 2016. 

Please answer my below questions:


1)Assuming my visa gets picked in lottery and I get married in June 2016, can i travel to USA with my husband on H4 and do a COS from USA and then go back and get stamping done in India to start working on H1B from October?


2) Or should i wait in India till Oct 2016 and then fly to US after my H1 stamping assuming visa gets picked in lottery?


Will option 1 work since I want to go back with my husband after marriage?


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1. You are confused. . If Your H1 is picked up and you come here in June, you will need to get the H1 visa back home and return up to 10 days before the start in H1 status. In this case no COS is relevant. If you are trying to avoid getting the H1 visa the employer can file your H1 petition AGAIN with COS from H4 once you are here and on approval you can work after October,1.


2. Come over in H4 status in June after Marriage. Make an appointment for the H1 visa in the appropriate home consulate if the petition has been approved and get the visa and return up to 10 days before start.


3. See 1. If your petitioner is a regular company there is no problem . You leave and return with the H1 visa.

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