Re entering US on H4 when H1B pending

[kanjani]

Hi,
I have done my MS here and graduated in 1999.

After that I worked on H1B for 2 years. I was laid

off in 2001 so I changed my status to H4 as my

husband had a good job. Now I got a job and the

company has filed for a fresh H1B(premium

processing) for me. I am in India now. Today I

checked the INS status using the WAC... no. and they

ask for some more documents(RFE). The following are

my questions. Any help would be appreciated.

1) Can I travel back to US on H4 or wait till my H1b is approved and I get my H1B stamp in India.

2) If I dont get the visa stamped in India. Can I work in US having the H1b notice i.e. I797.

Thank you for your help.

 

[ginnu]

Hi,
I have done my MS here and graduated in 1999.

After that I worked on H1B for 2 years.
I was laid

off in 2001 so I changed my status to H4 as my

husband had a good job.
------------ have you still H4 visa stamped in your passport and is valid and your husband is on H1b status in US?
Now I got a job and the

company has filed for a fresh H1B(premium

processing) for me. I am in India now.
----- It means the employer in US has filed Fresh New H1 for you
Today I

checked the INS status using the WAC... no. and they

ask for some more documents(RFE). The following are

my questions. Any help would be appreciated.

1) Can I travel back to US on H4 or wait till my H1b is approved and I get my H1B stamp in India.
------- If you have H4 stamp and if you enter US then you will be on H4 status till the date your H1 is not approved, once H1 approved you have to exist US and get H1 visa stamp and enter on H1b status. If I am in your situation I will get the H1b approval notice in India and will get my H1b visa stamped and then enter US on H1b visa and your new H1b status resets you for 6 years IF you have stayed out of US for more than 1 year
2) If I dont get the visa stamped in India. Can I work in US having the H1b notice i.e. I797?
----Covered above