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coming to USA in H4 with H1B approval

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  • coming to USA in H4 with H1B approval

    Presently i am in H4 . I filed H1B visa FY '06 and wil be getting the approval in July '06 and will be allowed to work after Oct '06. I am going to india on June and coming back to usa in september. I am planning to come back in H4 visa without H1B stamping on my passport. Can I do like this ? I dont want to get stamped in india ,bcse I can fix Embassy interview date only after I get the petition number which will delay my arrival to USA on H1B.

    Will the Immigration guys know about my H1B approval. Even if they know about it how can I handle it ? Please help me out.

    Thanks in advance
    Puppy

  • #2
    Hi,
    Your petition to change status ( I539) if filed along with the H1B will not go through if at that point of time you are out of US. In other words, your H1B will be approved without a I 94 and you will require a H1B stamping to get into US and start working on H1B, and enter US only after October.
    VEENA
    (NOT LEGAL ADVICE)

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