h4 to h1

[sunithap]

hi,

i am on h4 right now.we are going to india on may6th.if i apply for h1 now by premier processing before going to india,can i come back in july on h4?or do i have to come on h1 in oct?can ins check whether i applied for h1 anytime during my entry or exit into and out of usa? will my h4 be still valid till oct1?

 

[ImmigAttyLana]

it depends on how you file for the H-1B, as a change of status or as a new petition? to give yourself flexibility in traveling now, before October, you should probably do it as a new petition. that way you can continue traveling on your valid H-4. then, when you are ready to enter the US on the H-1B (assuming it is approved), you will have to depart the US, consular process for your H-1B and then enter the US on the H-1B. after that you will not be able to use your H-4 visa, unless you first change back to H-4.

 

[sunithap]

thank you

thanks for your help and your time.i spoke to a lawyer yesterday and am going on h4 and come back in a month and then file for h1.i think that should work.thank you