Tweet
Please Help !!!
Background:
I am on H4 visa and I am applying for H1 this year on 1 April 08. I am traveling to India on 28th March 08 after giving all of my documents to my employer for H1 which he will be sending on 1st April. Based upon my understanding, my employer will have to apply in the consular processing (CP) category as I will not be here for 4 weeks in April. He is claiming that if I get selected in lottery and gets approved later, I will get I-797 without the I-94 (my research on this topic make complete sense till this point), however he is saying that he will file an amendment with the new I-94 (which I will be getting on my return to USA on 27th April at port of entry) later if I get approved.
My questions are:
1. Will my H4 be valid and will I be able to come back to USA with the current H4 stamp (valid till Sep 2009) after I apply for H1 on 1st April?
2. If I get selected in the lottery, would my absence from USA make any negative impact on approval of my H1?
3. To what extent my employer claim is correct in saying that its easy to get change of status here in USA (in order to start working on 1st October) after my H1 is approved in CP category so that I will not have to go to my home country to stamp H1 on my passport.
Any quick response will be appreciated as I have to make my decisions in next few days.
Thanks in advance.
Background:
I am on H4 visa and I am applying for H1 this year on 1 April 08. I am traveling to India on 28th March 08 after giving all of my documents to my employer for H1 which he will be sending on 1st April. Based upon my understanding, my employer will have to apply in the consular processing (CP) category as I will not be here for 4 weeks in April. He is claiming that if I get selected in lottery and gets approved later, I will get I-797 without the I-94 (my research on this topic make complete sense till this point), however he is saying that he will file an amendment with the new I-94 (which I will be getting on my return to USA on 27th April at port of entry) later if I get approved.
My questions are:
1. Will my H4 be valid and will I be able to come back to USA with the current H4 stamp (valid till Sep 2009) after I apply for H1 on 1st April?
2. If I get selected in the lottery, would my absence from USA make any negative impact on approval of my H1?
3. To what extent my employer claim is correct in saying that its easy to get change of status here in USA (in order to start working on 1st October) after my H1 is approved in CP category so that I will not have to go to my home country to stamp H1 on my passport.
Any quick response will be appreciated as I have to make my decisions in next few days.
Thanks in advance.
