h4 to h1 conversion after india travel

[Aaryakr]

Hi,
I am presently on a valid H4 dependent visa status.My H1B petition with COS was applied on normal processing in April 2014.I had to travel to India during May 2014 for personal reasons when my H1B petition was in process.In June 2014,My H1B got approved when I was still in India.Currently now in July 2014,I am back to US with my valid H4 visa.Now how do proceed further?
1.Should I apply for anything (like COS) as my I-94 has changed?Does my changed new I-94 be a problem to h1b approved with old I-94?
2.Should I exit US and enter back from india again with H1B stamping to start my work from October?
3.Will my status automatically change from H4 to H1 from October once I start
working?
4.Would it be good for me if i had stayed back in india n get h1 stamped there and then get back to US on h1 rather than me now back here on H4?

I checked many posts related to this,but didnt find exactly of my situation as I am already back on H4.
I would appreciate if u could give me options how this situation can be proceeded as it is urgent.Thanks in Advance.

[raghvi]

Hi,
I am presently on a valid H4 dependent visa status.My H1B petition with COS was applied on normal processing in April 2014.I had to travel to India during May 2014 for personal reasons when my H1B petition was in process.In June 2014,My H1B got approved when I was still in India.Currently now in July 2014,I am back to US with my valid H4 visa.Now how do proceed further?
1.Should I apply for anything (like COS) as my I-94 has changed?Does my changed new I-94 be a problem to h1b approved with old I-94?
2.Should I exit US and enter back from india again with H1B stamping to start my work from October?
3.Will my status automatically change from H4 to H1 from October once I start
working?
4.Would it be good for me if i had stayed back in india n get h1 stamped there and then get back to US on h1 rather than me now back here on H4?

I checked many posts related to this,but didnt find exactly of my situation as I am already back on H4.
I would appreciate if u could give me options how this situation can be proceeded as it is urgent.Thanks in Advance.

Technically your COS should have been abandoned as you traveled outside US while your COS was pending, did H1 approval come with a new I-94?

1. Yes you should apply another COS from H4 to H1.
2. You can do this if the above step is not feasible.
3. No.
4. Yes , but now that your are here either file a COS or travel outside get H1 stamped and come back.

This is my opinion not legal advice.

[Aaryakr]

Technically your COS should have been abandoned as you traveled outside US while your COS was pending, did H1 approval come with a new I-94?

1. Yes you should apply another COS from H4 to H1.
2. You can do this if the above step is not feasible.
3. No.
4. Yes , but now that your are here either file a COS or travel outside get H1 stamped and come back.

This is my opinion not legal advice.

Hi raghvi,Thank you for replying.
My h1 approval came with old I-94 as my h1 petition was applied when I was still in US before my india travel.
Now as u mentioned in first point, apply for another COS from h4 to h1 means just like filing a new petition is it?And how r the chances of approval
or rejection in this case and by when will I get to know decision?plz clarify.
Thanks in advance.

[raghvi]

The question is when was H1 approved? Was it approved before your travel?

[Aaryakr]

The question is when was H1 approved? Was it approved before your travel?

I travelled to India during May 2014.H1 was approved during June 2014 when i was already in India.I was back to US during July 2014 after the approval.
I hope you got it.
Waiting for ur reply.
Thank You.