Visa Stamping Confusion ---> H4 to H1B

C

chandruos

New Member
Hi,

I’m planning to change my status from H4 to H1B. For which I have applied for H1B now. So, effectively from October 1 2006, I will be on H1b.
But, I’m planning to go to India during august and will be back to US by the end of September. To come back, I need new visa stamping.
My question is:

Can I go for H4 stamping during September in India? Is it legal for me to do so? or should I go for H1B stamping ?

Please advise me.

- C
 
Once you enter the US on H4 your status will be H4 and then you will have to apply for H1B again to change your status to H1.
 
first, you need to wait for your COS to be approved before leaving the country. After the approval, your status is H1B as long as you stay in the country. Once you leave the country, you need to apply for visa stamping at a consulate and re-enter with that new visa stamp on your passport. Your new I-94 card should say that you were admitted in H1B class; only then your legal status (after re-entry) is H1B.
chandruos said:
Hi,

I’m planning to change my status from H4 to H1B. For which I have applied for H1B now. So, effectively from October 1 2006, I will be on H1b.
But, I’m planning to go to India during august and will be back to US by the end of September. To come back, I need new visa stamping.
My question is:

Can I go for H4 stamping during September in India? Is it legal for me to do so? or should I go for H1B stamping ?

Please advise me.

- C
Click to expand...
 
I actually suggest talking to your lawyer.
But I don't think you should have a problem.The difference in what other people are saying and in your case is that you are not applying for an H1 effectively immediately but with a starting date of October 1, 2006. So effectively till october 1, 2006 you are on H4. You can go out and return on H4 any number of times. But after the H1 starts (October 1, 2006) you will have to get a new stamp before returning into the coutry for your H1-B to remain valid.
Again as I said please contact a lawyer before making any travel plans.
 
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