H4 to H1- Travel to India

[Ash14]

My situation is as follows:

My husband and me came to the US in april 2012 on L1b and L2 visa respectively. My husband applied for H1b for the year 2013 through a different employer B which got approved. He began working for emplyoer B from October 1 2013. I am planning to apply for H1b for this year on April 1st 2014 through another employer. My present status is H4. I want to travel to India for vacation. My question is as follows:

1)I want to travel to India in March 2014 and get H4 stamped immediately. I want my employer to apply consular process for my H1b on April 1st and not COS. I will travel back to US on h4 by April end before my H1 gets approved. Then after I am in US, apply for COS. Once H1 and COS is approved, do I have to travel back to India for stamping before October 2014 or is that not required?

2) Can my employer apply H1b with COS on April 1st and after that I travel to India immediately and return before H1b is approved. Will my COS be void then? Can I apply again for COS without it causing any issues to my H1b? In this situation what happens when I go for H4 stamping in April since I have applied for H1b?

I want to go to India for 2 months and want to avoid H1 stamping in India and hence these questions. I can travel anytime between March and October. What is the best case scenario for me? How should I apply for H1b and when should I travel if I need to avoid H1b stamping in India? What are the complications that will arise?

[raghvi]

My situation is as follows:

My husband and me came to the US in april 2012 on L1b and L2 visa respectively. My husband applied for H1b for the year 2013 through a different employer B which got approved. He began working for emplyoer B from October 1 2013. I am planning to apply for H1b for this year on April 1st 2014 through another employer. My present status is H4. I want to travel to India for vacation. My question is as follows:

1)I want to travel to India in March 2014 and get H4 stamped immediately. I want my employer to apply consular process for my H1b on April 1st and not COS. I will travel back to US on h4 by April end before my H1 gets approved. Then after I am in US, apply for COS. Once H1 and COS is approved, do I have to travel back to India for stamping before October 2014 or is that not required?

2) Can my employer apply H1b with COS on April 1st and after that I travel to India immediately and return before H1b is approved. Will my COS be void then? Can I apply again for COS without it causing any issues to my H1b? In this situation what happens when I go for H4 stamping in April since I have applied for H1b?

I want to go to India for 2 months and want to avoid H1 stamping in India and hence these questions. I can travel anytime between March and October. What is the best case scenario for me? How should I apply for H1b and when should I travel if I need to avoid H1b stamping in India? What are the complications that will arise?

If you want to travel as well as avoid a possibility of H1 stamping the ideal option would be to travel Jan End and return by March End and apply H4 to H1 as COS when cap opens in April.
1. Converting from consular to COS is at USCIS discretion, they may or may not approve. And again the amendment from Consular to COS can be filed only after petition is approved.
2. If you travel while COS is pending it is considered abandoned and mostly gets converted to consular process then.

This is my opinion not legal advice.