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COS H4 to H1 Approved, Travelling to India --do i need to go for stamping ?

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  • COS H4 to H1 Approved, Travelling to India --do i need to go for stamping ?

    All,

    I was on H4 visa until my COS H1B petition got approved last week, I have H4 visa stamped and valid until 2017. Now i am traveling to India in Dec so i have following questions:

    (1) Having approved COS H1B approved petition, can i travel back to US on my current visa stamped which is H4 or i have to go for H1B stamping in order to come back and start working immediately ?

    (2) If i come back on current stamped VISA (H4) do i have to file COS again to work in US ??

    Please answer.

    Thanks

  • #2
    Originally posted by sak1984 View Post
    All,

    I was on H4 visa until my COS H1B petition got approved last week, I have H4 visa stamped and valid until 2017. Now i am traveling to India in Dec so i have following questions:

    (1) Having approved COS H1B approved petition, can i travel back to US on my current visa stamped which is H4 or i have to go for H1B stamping in order to come back and start working immediately ?

    (2) If i come back on current stamped VISA (H4) do i have to file COS again to work in US ??

    Please answer.

    Thanks
    1. If you want to work as soon as you come back on H1 then yes you have to get H1 stamping.
    2. If you come back on H4 you would have to file a COS to H1 and only after COS approval you should work.

    This is my opinion not legal advice.

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