H4 to H1 to H4

[nandhini83]

Hi,

I am on H4 visa now. I have 7.5 years of experience and i left my job last year. We are also planning for a baby and we wanted to go to india for delivery. In this situation if i apply for H1 visa in 2014,

1) will I be able to travel to india for my delivery and come back to us in H4 visa itself although i have H1 petition in progress OR if it is approved?

If yes will there be any problem with immigration?

2) H1 validity starts from Oct 2014. If i want to work after 3 months from Oct 2014(say after Jan 2015), will i able to do so with valid H1 petition? If yes, will the employer accept this condition?

3) When we apply for H1 visa now, approximately for how many years they are providing us the visa?

4) what about the interview. Will I have the job interview before or after applying for petition?

Your thoughts on this would be of great help. Please advise..

[nandhini83]

Can someone help me clarify my query?

[kadkhiq81]

H4 to H1 to H4

What is your h4 validity?

1. If you apply your h1 petition as a consular process, once it is approved, if your h4 still valid during that time, you can enter the country using your h4 and can amend your petition as COS from h4 to h1 whenever you are ready to do so. You don't have to go for h1 stamping until you go out of country. When you return back if you go out of country, then you have to go for h1 stamping.

2. If your h1 applied as a COS when you are here, once it is approved, you have to start working from OCT 2014 to maintain your status. Again, when you go out of country, you need to go for a stamping when you have changed ur status to h1.

3. Here is my suggestion, it's better to go out of country in the month of March, apply ur h1 in consular process when you are in india, come back any time before your h4 validity end date to avoid h1 stamping. Once it is approved, you can apply COS from here when you are ready to work.

This is my personal opinion.