On H4 with H1 Approved start date Oct 01 2004

I

iaf2004

New Member
Hi Guys,

I need some clarification. Iam on H4 visa in US now valid upto 2006. I have approved H1 with employment start date of Oct 01 2004. I have to visit India on some urgent work and I don't want to go in for H1 stamping.My question is whether I can Go to India and come back before Oct 01 on my H4 visa only. Will be there be any problems due to change in status from H4 to H1 at port of entry. Please help me out. Thanks.

IAF2004
 
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Yes you can go on h4 and come back .
But getting a stamp before coming to usa will be good .

Right now you are on H4. and i dont think you can change your status Here in usa from H4 to H1.
But if you are planning to go canada or Mexico from Here in usa after coming back on h4 to get h1 is also fine.



iaf2004 said:
Hi Guys,

I need some clarification. Iam on H4 visa in US now valid upto 2006. I have approved H1 with employment start date of Oct 01 2004. I have to visit India on some urgent work and I don't want to go in for H1 stamping.My question is whether I can Go to India and come back before Oct 01 on my H4 visa only. Will be there be any problems due to change in status from H4 to H1 at port of entry. Please help me out. Thanks.

IAF2004
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You might want to check with your attorney.

The I-94 issued at POE will superceed all the the other I-94s (including one attached to I-797) which state that your status is H4 and not H1.
 
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