Applied for H1-B from H4

V

VaSans

Registered Users (C)
Hi
I am cuurently on H4, and applied for my H1 Visa a month back.
I am planning to go to India this year. I have some doubts:

1.In case my h1-B gets approved in the period I am in India, would my absence affect it any way.
2. Once the H1 is approved here do i need to get it stamped In India or I should come back on my H4 only and get the H1 stamped in my next trip. My H4 would be expiring in feb 2005.
3. Should i wait till i get the H1 and then only plan a trip.

I would appreciate if i can get any suggestions.


Thanks
 
It is never a good idea to be outside US when a petition for change of status is pending with USCIS.
In your case if the H1 gets approved while you are in the process of returning, you cannot be admitted into US on H1 unless you have the original approval notice. You will be admitted only under H4, meaning you cannot work even though USCIS approved H1 for you. This is because the last issued I-94 prevails over all other previous I-94's.
In order to get admitted on H1, you also need an H1 visa stamp in your passport along with the ORIGINAL H1 approval notice, employment letter, etc.
 
Thanks a lot for ur reply.
I really appreciate ur advice.
Can u please tell me somthing more about the I-94. How it works?

As the H1 that i have applied for would be valid after Oct 2004 only,

so would the I-94 be issed in October only and its fine that i go to India on my H-4 and come back before Oct on H4 only.
OR
The I-94 would be issued here on the date H1 is approved irrespective of the date since when that H1 would be applied and even though i come back before oct the I-94 would be affected.

Best Regards
 
Thanks a lot for ur help.
Now at least i am clear that i should not plan a trip until the H-1 is approved.

I appreciate your help
 
nkm and Ginnu
could u please put some light on this issue. i am not clear on this one.
Can u please tell me somthing more about the I-94. How it works?

As the H1 that i have applied for would be valid after Oct 2004 only,

so would the I-94 be issed in October only and its fine that i go to India on my H-4 and come back before Oct on H4 only.
OR
The I-94 would be issued here on the date H1 is approved irrespective of the date since when that H1 would be applied and even though i come back before oct the I-94 would be affected.

In the meantime my husband would be in US only so if there is any query he can take care of that or can contact me.

ur help would really be appreciated.

thanks
 
VaSans said:
nkm and Ginnu
could u please put some light on this issue. i am not clear on this one.
Can u please tell me somthing more about the I-94. How it works?
--- I think you have applied H4 to H1 Change of status if the H1B is approved and it will have new I-94 attached with approval notice and validity of that I-94 will be till H1 approval and it will be your Latest I-94
As the H1 that i have applied for would be valid after Oct 2004 only,

so would the I-94 be issed in October only and its fine that i go to India on my H-4 and come back before Oct on H4 only.
------ if you go to India then enter on H4 you will get new I-94 based on H4 and you will get I-94 based on H4 status and your COS that is pending will be abondned
OR
The I-94 would be issued here on the date H1 is approved irrespective of the date since when that H1 would be applied and even though i come back before oct the I-94 would be affected.
----that is correct, but you need to be IN US when H1 gets approved

In the meantime my husband would be in US only so if there is any query he can take care of that or can contact me.
---- do you mean after filing H4 to H1 Change of status you want to go out while COS is pending? if you go out your H4 to H1 will be abondned the day you depart US, no question about RFE, read what I posted in my last post.
If you have to go then better file H4 to H1 when you come back and are in US till H1 gets approved. for more info contact your lawyer
ur help would really be appreciated.

thanks
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