H4 Travelling with approved H1

A

aks999

Registered Users (C)
I apologize for posting this question hear but this is where i can find answers from immigration gurus. Appreciate if you can help me...

My cousin is on H4
She recently got H1B approved - Start date of October 01,2007
She wants to travel to india, get H4 stamp (current stamp expired)
Travel back to USA and start working form October, 07 on H1B

What is my cousins current status - H4 or H1 ?
If she gets H4 stamp in india during her travel next month, will her H1 still be good to work from october, 2007 ?

Appreciate your inputs on this.

Again, apologies for positing this question in the wrong forum.
Thanks for you help in advance....
 
Unfortunately, entering on H4 would invalidate the H1 status. This would be true even if the H4 stamp had not expired.

The stamp needed is H1.

However, I do not see why the consulate would want to stamp an H1 with any starting validity date earlier than October 1. So, if the person wants to go to India now, it would be a long vacation...

One of those peculiarities that originated the saying that The Law is an Ass. However, the forum IS the best place for answers to peculiarties. maybe someone found a way ...
 
We are also in the same boat, but slightly different.
The H1 is not yet approved. Anyway after I talked with my employer. They told we still can travel, get H4 stamped and return back to US on H4.
Probably H1 may be approved without new I-94 info or they may request for new I-94 info, that is the case we need to apply for "Amendment of Status change". Then I can start working on H4 from Oct.
 
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