Urgent - Need Advice..Travelling to India on H4 when H1B approved

R

revati_24

New Member
Hi,

Need advice.

Quick facts -
1. Came to USA on H4 visa. The H4 extension is valid until Dec 2008.
2. Got H1B approved last year Oct 2007 and it is valid till Oct 2010.
3. But my employer couldn't place me on a project since then and they have not applied for Change of status (Means I am still on H4).
3. Now I am planning to visit India in November 2008 (family issues) and want to come back to US the same month.

Question - Will I be able to come back on H4. If so will it cancel my H1B approval? If I come back on H4, will I face any issues at POE?

As I understand, as long as the COS ( from H4 to H1) is not done, I can come back on H4 and later I can to the COS ( from H4 to H1).

Kindly help.

Thank you.
 
If you have a valid H-4 visa and you wish to come back on H-4, you will not have any problems at POE. A mere approval of a petition without COS will not affect you in anyway.

If you wish to start working for the employer in due course, you will have to either file for a COS or get a new H-1B visa at a consular post abroad. In either case, there is increased probability that your employer will need to prove that the job still exists for you. USCIS or Consular posts might need proof of job existence because you are wishing to take the job after several months of original H-1B approval.

There was a similar issued posted by someone recently during last few days and you can check that thread as well.
 
Hi John,

Thanks a lot for your advice.

I don't think my employer be able to find a job till Nov 2008 (economic conditions & location constrains). So my plan is to go to India and come back on H4, and then start looking for a job and then do a COS from H4 to H1.

But the question is, once I stamp my passport in India with H4 will it make my H1B approval invalid?

Thanks a lot for your help! I really appreciate it.
 
Again, just because your latest I-94 shows that you are on H-4 does not invalidate your H-1B petition approval. Please note, you only had a H-1B petition approval and not a COS.

When you are ready to start working for your employer, you have to either go for a COS or fly out of the country and get a H-1B visa.
 
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