Can I come back on H4 even though I have valid H1 but not stamped?

[H1Advice]

Hi,

A friend of mine is looking for an answer related to the question below. Can someone please help her?

I am currently in US and have filed H1B for 2010 quota. H1B petition is received and under process as of now. I already have a H4B visa stamped until Oct 2011. We (Me and my husband) are planning to go to India from end of July 09 to end of Feb 2010. I haven't received my H1 approval yet. We will be going back to India and coming back in Feb 2010. While coming back I will come back on my H4 even though I will posses approved H1 but not stamped. I will not get my H1 stamped and will be coming back on my H4 visa. Once I come back I will start working on my H1 after few days and convert from H4. I will get my H1 stamped at a later time when we go out of the country. My H1 was applied as a transfer from H4 to H1 while in US, not as a consular processing.

My husband have been in the similar kind of situation when he traveled to US with a valid B1 (stamped) and H1B visa (not stamped but approved). He had B1 visa stamped on his passport with an approved H1. He chose to travel on his B1 and was not questioned on the port of entry or had to amend his H1 filing with the new I94 dates.

Can I come back to US in 2010 on H4 although I might have approved H1 by then but not stamped? My husband would still be on H1 then.



Thanks,
H1Advice

 

[ginnu]

Hi,

A friend of mine is looking for an answer related to the question below. Can someone please help her?

I am currently in US and have filed H1B for 2010 quota. H1B petition is received and under process as of now.
I already have a H4B visa stamped until Oct 2011.
We (Me and my husband) are planning to go to India from end of July 09 to end of Feb 2010.
I haven't received my H1 approval yet. We will be going back to India and coming back in Feb 2010.
While coming back I will come back on my H4 even though I will posses approved H1 but not stamped. I will not get my H1 stamped and will be coming back on my H4 visa.
---------------------it means you will enter US on H4 visa status and will get I-94 based on H4 status.you cant work on H4 status.

Once I come back I will start working on my H1 after few days and convert from H4.
----------------------- if your H1 gets approved then you will need to file H4 to H1 status and once COS from H4 to H1 gets approved then you can work on H1 if COS is approved and you get I-94 attached with H1 approval notice.
I will get my H1 stamped at a later time when we go out of the country. My H1 was applied as a transfer from H4 to H1 while in US, not as a consular processing.

My husband have been in the similar kind of situation when he traveled to US with a valid B1 (stamped) and H1B visa (not stamped but approved). He had B1 visa stamped on his passport with an approved H1. He chose to travel on his B1 and was not questioned on the port of entry or had to amend his H1 filing with the new I94 dates.

Can I come back to US in 2010 on H4 although I might have approved H1 by then but not stamped? My husband would still be on H1 then.

---you can enter on H4 if you have valid H4 visa and spouse on H1 status.



Thanks,
H1Advice

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