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H1b Approved under 2015 cap but in India on H4

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  • H1b Approved under 2015 cap but in India on H4

    Hi,

    I'm on H4 right now and my spouse applied H1b for me through his employer. In April I went to India and still I'm in India and today I came to know my H1b approved and I94 attached valid from Starting October.

    1)Can I travel to US on my valid H4 visa without H1b stamping as H1b valid starting from October?

    2)What if came to US on H4 then how to convert back to H1b to start working from October?

    3) Is there any issues if I travel back to US on H4 after H1b approval?

    Please enlighten me. Thanks.

  • #2
    Originally posted by camphill View Post
    Hi,

    I'm on H4 right now and my spouse applied H1b for me through his employer. In April I went to India and still I'm in India and today I came to know my H1b approved and I94 attached valid from Starting October.

    1)Can I travel to US on my valid H4 visa without H1b stamping as H1b valid starting from October?

    2)What if came to US on H4 then how to convert back to H1b to start working from October?

    3) Is there any issues if I travel back to US on H4 after H1b approval?

    Please enlighten me. Thanks.
    Surprising that your H1 got approved with a new I-94 as you are outside US currently. Typically USCIS approves the H1 petition but denies the COS and doesnt give an I-94. But guess you applied in premium. Seems an oversight from USCIS.

    1. You can travel on H4 as long as H4 is valid.
    2. File a H4 to H1 COS.
    3. I dont see any issues apart from the fact that you need to file a H4 to H1 COS.

    This is my opinion not legal advice.

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