H1 Stamping doubt

[perthik]

Hi

I have H4 stamping on my passport which is valid till Nov-17. I applied for H1 in US last year and i have I-797 approval for 3 years. I am in India now. Do I need to go for H1 stamping since my status is changed from H4 to H1? I already applied for H1 interview this month but what I hear now is i have valid H4 stamping so no need to go for H1 interview. Will there be any issue at port of entry?

Thanks!

[inadmissible]

If you want to be admitted on H-1 status when you return to the United States, you will need to have a H-1 visa foil in your passport

Otherwise, you will be admitted on H-4 status, and then have to file H-1 change of status in order to return to work (assuming you don't have H-4 EAD)

[perthik]

If you want to be admitted on H-1 status when you return to the United States, you will need to have a H-1 visa foil in your passport

Otherwise, you will be admitted on H-4 status, and then have to file H-1 change of status in order to return to work (assuming you don't have H-4 EAD)

Thanks for your reply. Yes I dont have H4 EAD.

So it means i have to go for H1 stamping even if I have valid H4 visa.

Also, in worst case if my H1 stamping gets delayed, then can I use the existing H4 visa to enter US or do i need to go for H4 stamping and get new H4 visa?

[raghvi]

Thanks for your reply. Yes I dont have H4 EAD.

So it means i have to go for H1 stamping even if I have valid H4 visa.

Also, in worst case if my H1 stamping gets delayed, then can I use the existing H4 visa to enter US or do i need to go for H4 stamping and get new H4 visa?

Yes , you can potentially use the H4 visa as long as it is valid. Unfortunately if h1 visa goes in admin processing make sure you collect your passport back.

This is my opinion not legal advice.