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H1 Stamping for H4

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  • H1 Stamping for H4

    Hi all,

    I am on H4 dependent visa and i-94 till March 2015 but my visa stamp has expired .Now my previous employer is filing my H1B petition this April 2014 . I am aware that my H1B visa status will start only on Oct 1st 2014. But I need to travel to India in July 2014 and will be back in USA in Aug 2014 for family reasons.

    If Considered my H1b is approved before I leave to India / while I am in India, I have following doubts so can you help answer them?

    1. Is it recommended to come back to USA in H4 visa ? or

    2. Go for stamping in India for my H1b and then return to USA on H1B? but return to USA will be in Aug 2014?

    3. If I come back to USA on H4 will there be any problem starting my H1B employment in Oct?

    4. What is COS?

    Greatly appreciate any help.

    Thanks
    Last edited by andy1808; 02-25-2014, 08:13 PM. Reason: Add some items

  • #2
    Originally posted by andy1808 View Post
    Hi all,

    I am on H4 dependent visa and i-94 till March 2015 but my visa stamp has expired .Now my previous employer is filing my H1B petition this April 2014 . I am aware that my H1B visa status will start only on Oct 1st 2014. But I need to travel to India in July 2014 and will be back in USA in Aug 2014 for family reasons.

    If Considered my H1b is approved before I leave to India / while I am in India, I have following doubts so can you help answer them?

    1. Is it recommended to come back to USA in H4 visa ? or

    2. Go for stamping in India for my H1b and then return to USA on H1B? but return to USA will be in Aug 2014?

    3. If I come back to USA on H4 will there be any problem starting my H1B employment in Oct?

    4. What is COS?

    Greatly appreciate any help.

    Thanks
    Travel out of US only after H1 COS is approved, and travel back into US on H4 visa before H1 Start date and it should be fine. The tricky part is to get H1 approval before July 2014. If not applied in premium, H1 approval can sometimes take 3-4 Months or more if there are RFEs.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks Raghvi.


      Originally posted by raghvi View Post
      Travel out of US only after H1 COS is approved, and travel back into US on H4 visa before H1 Start date and it should be fine. The tricky part is to get H1 approval before July 2014. If not applied in premium, H1 approval can sometimes take 3-4 Months or more if there are RFEs.

      This is my opinion not legal advice.

      Comment

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