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Cannot travel on H4 if H1B petition submitted??

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  • Cannot travel on H4 if H1B petition submitted??

    I am currently in India and planning to travel on H4 in May 2015 and was looking for a H1B sponsor for myself to submit my petition by Apr 2015. One of the consulting comps told me that:

    I will have to be physically present in US on H4 before my petition is filed ie before Apr 1. In case my petition is filed on 1 Apr 2015, I will not be able to travel to US on H4 untill Oct 2015 (provided its picked in lottery and goes fwd to approval)

    1) Is it true? Can I not file my petition from India in Apr and then travel to US on H4 in May and remain on H4 untill Oct??

    2) Suppose this petition of mine is approved, do I have to come back to India for stamping? Or can I do a COS from US itself and avoid cmng to India? If I have to come to India for stamping,What happens if my H1 stamping is denied? Can I travel back on H4?

    I had a H1B petition approved in 2007-2008 time frame which was filed by my prev employer, but I never traveled on it, nor was it stamped. Will this add confusion to the above? Will this in anyway help me?
    Pls do let me know

  • #2
    Experts pls help!!