H4 to H1, visit to home country

L

lagboyus

Registered Users (C)
Hi folks,
I was on H4 with my spouse in US who is on H1B. I have applied for H1b and found from online status that my H1B is approved. however, In the meantime, I had to travel to home country on an emergency. I surrendered my I-94 to airport counter and left the country.
I have not yet got my H1b papers. so I do not know what is the I-94 dates on it, nor am I sure that whether those dates are valid anymore..
Now I am planning to comeback to usa on h4 as per my regular travel plans. we have not yet received our h1b approval papers so I can not take an appointment at consulate for h1b stamping.

I would like to know, what shall I do if I receive my H1b papers before my return to USA..

Is there any issues if I travel back to usa with my h4 stamp on pasport and Also, I would like to know, Can I start working once I come here with the h1b approval alone but no stamp in passport and with I-94 from H4..

please tell me what is legal, what is good for my case..

Thanks for the responses in advance..

Cheers
lLagboyus
 
You have abandoned your change of status from H4 to H1, when you travelled before its approval (check dates just in case).

In order to enter US you have to use H4 and then do another H4 to H1 visa. Unless the approval date is before your departure date, the approved H1 has no value.
 
H4 to H1B, home country visit

What if the H1B approval date is before the travel date and we did not get the approval papers yet.
 
If H1 approval date is before your departure date then ask your US employer/lawyer to mail you the H1 approval notice and employer letter+ all documents for Visa stamp then get H1 visa stamp from consulate and enter on H1b status. If departed before COS approved then enter on H4 status and again you have to file H4 to H1 COS in US or remain on H4
 
H4 - H1

Is change of status from H4 to H1 counted against the cap, considering that the candidate never had H1 applied before?
 
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