H4-H1b-H4 very very urgent..i need to travel back to U.S

A

arhr

New Member
Hi,
I came to U.S. on H4 visa,then converted in to H1B visa.I travelled to India unexpectedly,i have submitted my H1B visa I-94 at the port of departure while going to india and also i have got my S.S.N .

1.I just want to know whether my h4 visa is still valid even after my h1b is approved...will they allow me at the port of entry in to U.S. on my h4 visa which is still valid.

2.I want to know will there be any visa problems at the P.O.E( if i go back on my H4 ),as i submitted my I-94 accompanied with my H1b documents,while leaving U.S,and also i got my S.S.N before leaving U.S.

3.Since my status is changed to h1b should i need to attend H4 stamping once again or needs to file any petition for COS,if i want to go back to U.s. on H4.

4.will they cancel my h1b when i go back on h4.
 
arhr said:
Hi,
I came to U.S. on H4 visa,then converted in to H1B visa.I travelled to India unexpectedly,i have submitted my H1B visa I-94 at the port of departure while going to india and also i have got my S.S.N .

1.I just want to know whether my h4 visa is still valid even after my h1b is approved...will they allow me at the port of entry in to U.S. on my h4 visa which is still valid.
h4 visa stamp in the passport will be valid for its duration even after changing status to h1.
as long as h4 visa is valid you can use it to enter usa as h4
2.I want to know will there be any visa problems at the P.O.E( if i go back on my H4 ),as i submitted my I-94 accompanied with my H1b documents,while leaving U.S,and also i got my S.S.N before leaving U.S.
you did right thing in returning all i94s prior leaving usa. one is free to change his/her visa classification (as long as law permits). in your case there should be no problem.
3.Since my status is changed to h1b should i need to attend H4 stamping once again or needs to file any petition for COS,if i want to go back to U.s. on H4.
in your case you dont have to file any separate petition with uscis. as you are out of usa now, you can use the current valid h4 visa to enter. one is required to file h4 change of status only when they are in usa in a different visa classification such as h1
4.will they cancel my h1b when i go back on h4.
Click to expand...
it depends on various factors. h1 visa will be cancelled in case the sponsoring company withdraw the h1 petition which is very unlikely. remember that once you enter in h4 you need to file h4-h1 change of status in case you want to work for that employer later.
.
 
Last edited by a moderator:
arhr said:
Hi,
I came to U.S. on H4 visa,then converted in to H1B visa.I travelled to India unexpectedly,i have submitted my H1B visa I-94 at the port of departure while going to india and also i have got my S.S.N .
------------------ you got H4 to H1 COS and got I-94 attached with H1 approval notice and when you went out you gave your all I-94 before departure and that is OK
1.I just want to know whether my h4 visa is still valid even after my h1b is approved...will they allow me at the port of entry in to U.S. on my h4 visa which is still valid.
--------------- if your spouse is on valid H1 status and you have valid H4 visa stamp then you can enter US on H4 status, you will get I-94 till your visa expiry date. once reach the US file H4 extension before I-94 expires you can get H4 extension till your spouse H1 approval notice
2.I want to know will there be any visa problems at the P.O.E( if i go back on my H4 ),as i submitted my I-94 accompanied with my H1b documents,while leaving U.S,and also i got my S.S.N before leaving U.S.
--------not a problem
3.Since my status is changed to h1b should i need to attend H4 stamping once again or needs to file any petition for COS,if i want to go back to U.s. on H4.
--------------- new H4 not needed as you have H4 valid visa stamp and want to enter on H4 status
4.will they cancel my h1b when i go back on h4.
-------------------------- employer can cancell your H1 by writing to USCIS. why care about H1 if you want to enter on H4? if you want to enter on H1 then get H1 visa stamped and then enter on H1 status
Click to expand...

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